The management of the Wolfurt company is facing accusations of illegal price fixing. The competition authority demanded a fine of 870,000 euros.
The case was already ongoing in the summer of 2020. At that time, an anonymous tip was received about violations of antitrust legislation on the whistleblowing platform of the Federal Competition Authority (BWB). The Upper Austrian company Fronius and its two trading partners Zultner, based in Graz, and Haberkorn, based in Wolfurt, were particularly affected by the accusations. Those responsible for the companies are said to have made illegal agreements about prices and sales areas.
Fronius submitted a leniency request in 2021 and “cooperated continuously and extensively,” according to a statement from the BWB. Distribution contracts contain rules that conflict with antitrust law on territorial division with absolute territorial protection, price fixing and non-compete obligations in the context of the distribution system for the trade of welding technology products in mutual, business-related transactions.
The distribution agreement has already been terminated
The fine requested by the BWB to the competition judge in Vienna amounts to three million euros for Fronius. The Haberkorn company must pay 870,000 euros, while the Styrians get away with 550,000 euros. The BWB said all three companies have issued a statement and accepted the decision.
In an initial response, the Vorarlbergers pointed out that the disputed distribution agreement had already been terminated. There is also an adjustment of the distribution agreement to antitrust requirements. “The described agreement relates to welding technology and here exclusively to the distribution of Fronius products in Vorarlberg, i.e. a very special, self-contained and relatively small business area in Haberkorn,” the statement said. The BWB employees may not have any further complaints.
Source: Krone
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