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New transaction-value-based test entails uncertainties for merger control

As of 1 November 2017, Austrian merger control will require the passing of a new test, based on the transaction value, in addition to complying with the – unchanged – turnover thresholds already e...

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  • New transaction-value-based test entails uncertainties for merger control

Cartel Act amendment will strengthen private enforcement

The main purpose of the 2017 Act Amending Antitrust and Competition Law (Kartell- und Wettbewerbsrechtsänderungsgesetz 2017) is to transpose the EU Damages Directive, and it is also intended to provi...

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  • Cartel Act amendment will strengthen private enforcement

Online GTC / Validity of choice of law

In proceedings concerning a collective action brought by Verein für Konsumenteninformation (Association for consumer information, “the VKI”) versus Amazon EU S.à.r.l. (“Amazon”), the Court o...

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  • Online GTC / Validity of choice of law

Mortgage and real-estate loans – new

The recent Austrian Mortgage and Real-Estate Loan Act (Hypothekar- und Immobilienkreditgesetz, HIKrG) provides a new legal basis for consumer credits which – broadly speaking – are securitised by ...

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  • Mortgage and real-estate loans – new

Land transfer tax is becoming an expensive pitfall

The 2016 reform of Austrian land transfer tax (Grunderwerbsteuer, GrESt) not only resulted in an increase of the tax being caused by the alteration of the assessment base. It also provided for complet...

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  • Land transfer tax is becoming an expensive pitfall

Instalment agreements – Potential risks for debt recovery agencies

Under the Austrian Consumer Loan Act (Verbraucherkreditgesetz, VKrG), businesses granting loans to consumers are required to comply with extensive(i) duties to provide pre-contractual information (e.g...

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  • Instalment agreements – Potential risks for debt recovery agencies

No claim for compensation for brief illnesses of commercial agents

The Austrian Supreme Court recently decided that commercial agents are not entitled to claim compensation payments in the case of a termination of the contractual relationship due to merely temporary ...

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  • No claim for compensation for brief illnesses of commercial agents

Flexibilization of working hours

Having agreed flexibilization of working hours under its government programme, the Austrian Federal Government instructed the social partners to find a solution to this issue by June 2017.Working-time...

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Equity investment and crowdfunding

Crowdfunding investment can take the form of debt investment or equity investment. Both types are alternative forms of business or project financing outside the traditional financial system. In a rece...

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  • Equity investment and crowdfunding

Freedom of expression on the Internet

Discussions on the Internet can be very emotional and stormy; especially when it comes to topics such as politics, climate change or migration insulting posts seem inevitable. But also in case of user...

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  • Freedom of expression on the Internet

Planned amendment to antitrust law helps cartel victims and increases risks attaching to infringements

End of August 2016 saw the start of the expert review of the bill for the amendment to antitrust law, a bill long awaited and hotly discussed during the preliminary stages. Implementing an EU Directiv...

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  • Planned amendment to antitrust law helps cartel victims and increases risks attaching to infringements

New law to combat wage and social dumping

“Wage and social dumping” is the term used to describe situations where employers deprive employees of, at least a part of, the remuneration due to them under a law, ordinance or collective bargai...

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  • New law to combat wage and social dumping

COVID-19 – bridging insolvency by way of government support

The COVID-19 pandemic is pushing many enterprises to the brink of insolvency. To mitigate the adverse economic effects and to prevent a flood of insolvencies, the Austrian government has taken multipl...

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  • COVID-19 – bridging insolvency by way of government support

COVID-19: finance update - Deferment of loans for consumers and microenterprises

Owing to the COVID-19 pandemic, the liquidity of many borrowers is strained; the same holds true for consumers (for example in cases where the employment relationship has been terminated) and microent...

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  • COVID-19: finance update - Deferment of loans for consumers and microenterprises

COVID-19: Finance update – 3rd, 4th and 5th COVID-19 Act

In the context of the COVID-19 pandemic, the Austrian Parliament adopted the 3rd, 4th and 5th COVID-19 Act on 3.4.2020. Some points from these laws are also of particular relevance for financing pract...

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  • COVID-19: Finance update – 3rd, 4th and 5th COVID-19 Act

Civil-law consequences of the coronavirus

I. General consequences II. New regulation on default interest and contractual penalties III. Consequences for the retail sector IV. Consequencers for building contracts V. Consequences in relation to...

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  • Civil-law consequences of the coronavirus

COVID-19 consequences for civil-law proceeding

The measures taken to contain the spread of SARS-CoV-2 (coronavirus) have reached civil-law courts. Therefore, the following regulations apply to civil proceedings and to court´s opening hours for th...

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  • COVID-19 consequences for civil-law proceeding

COVID-19: consequences for meetings of shareholders

Due to the COVID-19 pandemic, the government prohibited assemblies of more than five persons (www.sozialministerium.at). This article briefly outlines what consequences this might entail for Austrian ...

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  • COVID-19: consequences for meetings of shareholders

COVID-19 – M&A will not be spared either

The COVID-19 crisis has already hit economy and thereby also leads to uncertainties in the field of upcoming or already ongoing M&A transactions. Cross-border transactions, particularly large tran...

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  • COVID-19 – M&A will not be spared either

COVID-19 Update: Obligation to file for insolvency

Already at the beginning of the Corona crisis in March 2020, the legislator decided on various insolvency law measures to mitigate the consequences of the Corona pandemic for the Austrian economy. Sin...

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  • COVID-19 Update: Obligation to file for insolvency