Competition

Up-to-date information about competition, notifying mergers to the Federal Competition Authority, calculating sales revenue, the Austrian Antitrust Act, etc.

Information for newcomers

The Federal Competition Authority (Bundeswettbewerbsbehörde) was established on 1 July 2002 by the Federal Act establishing a Federal Competition Authority (Bundesgesetz über die Einrichtung einer Bundeswettbewerbsbehörde). It is an independent body with exclusive competence over interventions and investigations in the field of competition. The Federal Competition Authority is located within the Federal Ministry of Labour and Economy (Bundesministerium für Arbeit und Wirtschaft).

The Federal Competition Authority is headed up by the Director-General for Competition. They, or in their absence their deputy, may act independently and are not subject to directives as stipulated by a simple legal provision (Section 1, para. 3 of the Austrian Competition Act (Wettbewerbsgesetz)). In the performance of their duties, the authority's staff are bound exclusively by the directives of the Director-General or, in their absence, their deputy.

In order to achieve its objectives and to investigate and combat suspected or alleged distortions and restrictions of competition, the Federal Competition Authority is charged with the following primary tasks:

• Fulfilment of its role as a party to proceedings before the Antitrust Court (Kartellgericht) and the Higher Antitrust Court (Kartellobergericht)
• Implementation of European competition rules in Austria
• General investigations of industries in which it is suspected that competition is being restricted or distorted
• Provision of official assistance in competition matters to the Antitrust Court, the Higher Antitrust Court, other courts and administrative bodies as well as regulatory bodies and the Federal Antitrust Prosecutor
• Collaboration and exchange of information with the aforementioned courts and authorities as well as with the European Commission and other national competition authorities
• Drawing up of opinions on general economic policy issues ('competition advocacy') and on legislative proposals in the field of competition law
• Filing of applications under the Fair Competition Act (Faire-Wettbewerbsbedingungen-Gesetz)
• Enforcement of prohibitory injunctions in accordance with Section 14, para. 1 of the Austrian Act Against Unfair Competition [Gesetz gegen unlauteren Wettbewerb, UWG]
• Performance of competition monitoring, in particular regarding the development of competition intensity in certain industries or markets relevant to competition
• Performance of the tasks set out in Section 6a of the Act on the Austrian Broadcasting Corporation (Bundesgesetz über den Österreichischen Rundfunk)
• Legal standing for violations of the “Platform-to-Business” regulation (2019/1150

Further links

• Austrian Federal Competition Authority (Bundeswettbewerbsbehörde)

Legal basis

• Federal Act establishing a Federal Competition Authority (Bundesgesetz über die Einrichtung einer Bundeswettbewerbsbehörde)

Section 1, para. 3 of the Austrian Competition Act (Wettbewerbsgesetz)