Competition & Antitrust

Competition Law

Strong competition inevitably leads to the market being fought with gloves off. Pushing the limits of what is permitted can determine the success or failure of an entire advertising campaign. Overstepping these boundaries, however, often brings legal repercussions. If the court then also issues an interim injunction, the advertising in question must be suddenly adapted or even stopped, which in the worst case can even have ruinous consequences. If the court decision is published, e.g., in daily newspapers or on the wrongdoer’s own website, the convicted entity is also subjected to the court of public opinion. In order to avoid such consequences, creative legal advice preemptively can be invaluable. Our many years of experience and specialization – Mathias Görg wrote one of the most comprehensive legal commentaries in this field of law – also allow us to quickly and accurately assess when one of your competitors is going too far and to take measures to prevent this from happening again. In this field of law with its many peculiarities, extensive litigation experience is often indispensable.

In the area of competition law, we provide the following services in particular: 

• Preliminary examination of planned advertising campaigns
• “Screening” of competitors’ advertising presence for infringements
• General compliance advice
• Court-related support activities in the background
• Representation in all unfair competition proceedings

Antitrust Law

It was not so long ago that hardly anyone in Austria had antitrust law on their radar. That changed with Austria’s accession to the EU. In the meantime, cartel law has become a feared weapon in this country as well, and the European Commission and the Austrian authorities often actually make use of it. Draconian fines are imposed time and again. It is obvious that the public perception of the company concerned can suffer massively as a result. “Compliance” is therefore on everyone’s lips. Specialized advice is particularly important here, which requires not only knowledge of the relevant case law, but above all a view of the relevant economic context. We advise and support you in mergers and acquisitions as well as horizontal and vertical cooperations, but also on what you need to pay particular attention to when your company has a high market share.

In the area of antitrust law, we offer you the following services in particular:

• Registration of mergers
• Consulting for cooperation with competitors
• Setting up and checking agreements with suppliers and customers
• Consulting regarding does and dont’s in a strong market position
• General compliance advice
• Leniency applications
• Support for house searches
• Representation in proceedings before the Austrian and European antitrust authorities