The E&H competition law practice group is one of the leading teams in Austria. It is comprised of 4 partners and 6 associates, including Dr. Dieter Thalhammer and Mag. Judith Feldner, authors of a book on dawn raids. Our experts are renowned for their extensive knowledge and ability to react dynamically in national and international competition law cases. We serve corporate clients from diverse industries, including transportation, media, energy, chemical, real estate, finance, health care, food, and electronics. The competition law team works actively on a national and EU-wide scale. In addition, they have over half a century of combined experience in internal audits and compliance cases.

Our fields of expertise include:

  • Antitrust law and state aid rules
  • Merger control
  • Investigations by competition authorities (requests for information, dawn raids)
  • Internal investigations (e-discovery, risk analysis)
  • Abuse of market power, monopolization
  • Drafting and assessing distribution and licensing agreements
  • Drafting and assessing horizontal agreements between competitors (purchase and production agreements)
  • Appearing before general courts and arbitration courts
  • Private enforcement
  • Antitrust compliance
  • Code of Conduct training specific to competition law
  • “Dawn raids” training

Merger Control

We advise and represent clients in merger control proceedings before the Austrian Federal Competition Authority (FCA), the Austrian Cartel Court, and the European Commission. In addition, we regularly coordinate multi-jurisdictional filings, primarily in Central and Eastern Europe (CEE) and the German-speaking lands (DACH). To learn more about merger control in Austria, please download a complimentary copy of our white paper.

Cartel & Abuse Proceedings

We represent companies in cartel and abuse proceedings before the Austrian Cartel Court, the Austrian Supreme Court of Justice (Austria’s highest cartel court), the European Commission, and European courts. Our work includes the submission of leniency applications and summary applications to national competition authorities within and outside of the EU.

In advance of such proceedings, we frequently advise (potential) leniency applicants and conduct comprehensive internal investigations in order to assess the amount of risk involved in complex, cross-border activity. When it comes to e-discovery matters, our team is one of the most experienced competition law practice groups in Austria.

In the past few years we have set up individualized compliance programs for clients and have conducted numerous trainings, particularly for dawn raids.

Private Enforcement

Working with clients on matters of private enforcement has become an increasingly important area of our practice in recent years. The representation may begin as early as the time when the client is considering applying for leniency, and can continue all the way through a civil claim for damages caused by a cartel violation.

General Advisory Work

We regularly advise leading companies on horizontal and vertical agreements as well as on general compliance matters related to competition law. In addition to distribution agreements, we particularly focus on purchasing and production agreements, as well as on the evaluation of information exchange systems.

What sets our team apart

  • Size: With 4 partners and 6 associates, our competition law practice group is one of the largest and most successful practice groups in Austria.
  • Excellence: The practice group’s leaders, Dieter Thalhammer and Andreas Zellhofer, are recommended by Chambers & Partners and Global Competition Review as “Leaders in their Field.
  • Experience: In the past 10 years we have filed more than 100 merger applications with the Austrian Competition Authority.
  • International Scope & Network: In the past 3 years, we participated in cases before more than 20 national competition authorities throughout Europe.