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23.10.2024 | 🇦🇹 Austrian competition authority
In 2019, based on tips from the Vienna City Audit Office, the Austrian Federal Competition Authority (BWB) conducted raids on several companies in the construction and furniture carpentry sector, uncovering collusive practices in public procurement in the healthcare sector.
The BWB's investigations confirmed suspicions of cartel behavior, leading to fines against several companies. The BWB later sought a fine against Pirkl Carpentry for its involvement in anticompetitive practices such as price-fixing and market allocation between February 2011 and June 2016.
The Cartel Court partially granted the BWB's request, imposing a EUR 55,000 fine on Pirkl Carpentry for 26 of the 43 identified violations. The court rejected additional penalty requests, citing double jeopardy concerns due to prior criminal proceedings.
Following appeals, the Higher Regional Court overturned the previous decision, ruling that no double jeopardy violation occurred. It emphasized the complementary nature of criminal and competition law sanctions in addressing the same social issue, leading to an increased fine of EUR 65,000 for Pirkl Carpentry.
With this ruling, the investigations into the cartel activities in the construction and furniture carpentry sector have concluded, resulting in fines totaling EUR 362,000 against multiple companies involved in anticompetitive practices.
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