Fines totalling 75,4 imposed on five producers of elevators and escalators
18.12.2007
The Cartel Court decided on Dec 14, 2007 on the imposition of fines against the following undertakings:
- Otis GmbH 18,2 Mio EUR, · Kone Aktiengesellschaft 22,5 Mio EUR, · Schindler Aufzüge und Fahrtreppen GmbH 25 Mio EUR, · Haushahn Aufzüge GmbH 6 Mio EUR and · Doppelmayr Aufzüge AG 3,7 Mio EUR.
In its reasoning the Court held that the undertakings have - over years - participated in cartel agreements on the allocation of projects and prices, involving the exchange of other confidential market information. The Court proceedings have been initiated by the Federal Competition Authority ("Bundeswettbewerbsbehörde - BWB") after months of comprehensive investigations. The cartel agreements concerned essential parts of the undertakings' business activities: new equipment installations, service and modernisation of elevators and escalators. Agreements such as the ones at issue are deemed to be highly detrimental to the national economy and to consumers. The decision has not yet become final.
"This decision illustrates that the competition authorities work efficiently and decide promptly", declares Theodor Thanner, Director General of the Federal Competition Authority (BWB).
Leniency programme has proved successful
"With this first leniency case the cartel enforcement institutions in Austria stood the test", Stefan Keznickl, speaker of the BWB, was pleased to announce.
The proceeding has been initiated late August 2006 when ThyssenKrupp filed an application for leniency. The undertaking provided the BWB with information for which full immunity has been granted. In the course of the comprehensive investigations , which have been carried out by the BWB in close coordination with the Federal Prosecutor in Cartel Affairs (Bundeskartellanwalt), Otis filed a second leniency application, which has been rewarded with a 50 percent reduction of fines.
Cartel infringements are most serious infringements of competition law
"This landmark decision again demonstrates that cartel agreements shall not pay and that infringements against the Cartel Act are to be taken serious", emphasises Stefan Keznickl. Already in February 2007 the European Commission has imposed fines on the same companies because of similar infringements which have taken place in other EU member states.
Press contact: Bundeswettbewerbsbehörde/Federal Competition Authority Stefan Keznickl Tel: +43/1/24508-326