Antitrust / Cartel Law, Market Abuse and Merger Control
Our clients benefit from our longstanding experience.This makes them fit for the increased investigation activities by the European Commission and national Competition Authorities and assists them to avoid enormous fines imposed and the high amounts claimed in follow-on damage claims.
In particular, with official investigations that could include house searches (“dawn raids”) it is essential that quick, well organized and practical defense is ensured from the very beginning of the procedure. Thereafter, because of the enormous amount of documentation and information that needs to be processed, but also because of complex questions of law and fact, a high degree of procedural organization is required. In order to ensure maximum efficiency for clients, Preslmayr also cooperate to the extent necessary with economists and other consultants (eg forensic and dispute services)
- Advice and representation in relation to all Antitrust / Cartel Law matters (horizontal and vertical agreements, collusions or concerted practices), in particular in fine procedures before national and European Competition Authorities and Courts;
- Advice and representation for charges of abuse of a dominant position (alleged discrimination, questions of obligations to contract, etc) according to national and European Antitrust Law;
- Coordination of defense and advice relating to investigations by the European Commission and national Competition Authorities (house searches – “dawn raids”);
- Advice and representation in relation to damage claims following Antitrust Law infringements(“follow on-claims”);
- Drafting and Antitrust Law review of distribution agreements (eg selective distribution systems, franchise systems, exclusivity agreements, etc), in particular with a view to applicable block exemption regulations;
- Merger control: notification of national and international mergers (acquisition of companies, share purchases, joint ventures, etc);
- Activities to prevent Antitrust / Cartel Law violations, such as organization and implementation of compliance programs, of compliance trainings and of cartel audits and “mock raids”.
In the wake of the global economic crises triggered by the ongoing COVID-19 crisis, the Austrian Federal Competition Authority (AFCA) expects an increased number of company takeovers in the coming months;