Brau Union, owned by Heineken, holds a significant market position in beer production and distribution in Austria, with a wide portfolio of brands acquired through various mergers. The company also sells international beer brands and other beverages like cider, wine, and non-alcoholic drinks.

The Federal Competition Authority (BWB) conducted extensive investigations into Brau Union's suspected abuse of a dominant market position and anti-competitive agreements with competitors in the beverage wholesale sector. Anonymous complaints triggered the probe, leading to a court-ordered raid on Brau Union's premises to collect physical and electronic evidence.

The investigations revealed alleged violations including abuse of dominance, competition bans, brand obligations, market and customer group allocations, and exchange of sensitive competitive data. These practices are believed to restrict competition and hinder market entry for rival beer producers and distributors.

The BWB has requested the Competition Court to impose a significant fine on Brau Union and its parent company, Heineken International B.V., for their involvement in the alleged antitrust violations. The court has the authority to levy fines of up to 10% of the total group turnover from the previous financial year in cases of cartel law breaches.