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Austria's ABO Asphalt-Bau Faces Antitrust Charges Over Price Fixing

16.12.2024 | 🇦🇹 Austrian competition authority

ABO Asphalt-Bau Oeynhausen GmbH is facing antitrust proceedings for participating in illegal price-fixing and market-sharing agreements in Austria's construction sector.


ABO Asphalt-Bau Oeynhausen GmbH has been implicated in illegal price-fixing and market-sharing activities related to public and private construction tenders in Lower Austria and parts of Burgenland. The company is accused of engaging in collusion with competitors to minimize competition and secure contracts, particularly in the road construction sector.

The antitrust violations are part of a broader conspiracy involving multiple companies across Austria, with varying degrees of participation. The collusion involved numerous construction projects, affecting both public and private clients, and aimed to maintain market shares and ensure capacity utilization.

ABO is currently in liquidation and is expected to lose its legal status soon. The company has acknowledged its involvement in the antitrust activities and cooperated with the Federal Competition Authority outside of the leniency program. Additionally, fines have already been imposed on two parent companies, PORR AG and STRABAG SE, with ongoing proceedings against them.

The investigation into the cartel is still ongoing, with some cases already concluded. The colluding companies made agreements on the winning bidder, bid prices, and even coordinated to submit 'cover bids' to ensure certain competitors did not participate in the bidding process.

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