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28.10.2024 | 🇦🇹 Austrian competition authority
The Austrian Competition Authority (BWB) filed for a fine against the Austrian Post for discriminatory discount practices in the Info.Mail market, where the Post held over 90% market share.
The Post provided limited discounts to consolidators compared to other large customers and imposed confidentiality obligations on discount agreements, leading to a finding of abuse of market dominance by the Cartel Court.
The Court determined that the Post's differential discount practices aimed to hinder competition in favor of the Post, as it did not value the entry of consolidators in the Info.Mail sector.
The Post cooperated fully with the BWB, leading to a reduced fine of EUR 9.2 million, contributing to expedited proceedings.
Several companies previously filed for corrective action against the Post for discriminatory discount practices, with the Cartel Court granting the requests for corrective action despite dismissing requests for interim measures.
Under Austrian competition law, companies can independently file requests for corrective action with the Cartel Court if they have a legal or economic interest in a decision, with fines imposed post individual proceedings upon BWB or Federal Cartel Prosecutor's request.
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