As announced on Thursday, following a ruling by the Supreme Court (OGH), construction cartel proceedings against Austrian market leader Strabag must be fully reopened. A million-dollar fine had already been imposed in this case.
The Federal Competition Authority (BWB) had questioned Strabag’s status as a leniency witness in an appeal to the Supreme Court and was successful. The BWB announced that the higher cartel court ordered the cartel court of first instance to continue the proceedings against Strabag.
Already a fine of more than 45 million euros
The Federal Competition Authority had “on the basis of new available facts and evidence” ordered a judicial review of the final decision of October 21, 2021, imposing a fine of 45.37 million euros on two companies of the Strabag Group, “with regard to of full compliance with the Strabag’s obligation to cooperate as key witness” applied to the Cartel Court.
The Cartel Court has rejected the amendment request of the BWB by ruling of 20 October 2022. On the other hand, on November 22, 2022, the Federal Competition Authority and the Federal Cartel Prosecutor had filed an appeal with the Supreme Court as a superior cartel court.
Resolution of 2022 repealed without replacement
With a ruling of 25 May 2023, the Supreme Court has now “declared the appeals fully founded”, “withdrawn without replacement the ruling of the Cartel Court of 20 October 2022” and instructed the Cartel Court to “continue the procedure for the amendment request”. waiving the reason for rejection used,” the BWB reports on Thursday.
Source: Krone
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