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Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this practical analysis of competition law and its interpretation in Austria covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures before the Cartel Court; civil remedies and criminal penalties; and raising challenges to Cartel Court decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate.
An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national, supranational and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including Austria’s particular institutional set-up and private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by dominant firms and the appraisal of concentrations, and then goes on to the administrative and judicial enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers in detail the proceedings at the Cartel Court.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Austria will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.