Complaints
Information and complaints to the Austrian Federal Competition Authority (AFCA)
You have the possibility of informing the AFCA of your observations regarding suspected infringements of competition law by using the form provided on this website.
Please note that complaints can only be accepted in writing or by telephone; there is no option for an in-person appointment during office hours. Should any questions arise during the review process, the BWB will contact you.
Please note the following information before submitting your complaint:
Competence of the AFCA
The AFCA acts exclusively ex officio (§ 2 para 3 WettbG). Information received from the market may give rise to further investigations and is – even if it does not, in itself, constitute a sufficient basis for action – retained as market intelligence. The submission of information does not confer party status and does not create any entitlement to the initiation or conduct of a specific procedure, nor to any specific outcome.
However, the AFCA may act solely within its statutory competence. This includes in particular:
- the core area of Cartel Law (in particular anti-competitive agreements, abuse of market power, merger control),
- powers under the Fair Competition Conditions Act (unfair trading practices in the agricultural and food supply chain),
- where there is a specific public interest, certain areas of the UWG (unfair, in particular aggressive or misleading business practices)
- as well as competences related to the Platform-to-Business Regulation, the Federal Act to Mitigate the Consequences of the Crisis and Improve Market Conditions for Dominant Energy Suppliers, and the passing-on of VAT reductions.
The following, in particular, do not fall within the competence of the AFCA:
- individual contractual or payment disputes,
- civil law claims (e.g. damages, warranty claims),
- general price complaints without concrete indications of collusion or abuse of market power,
- labour, trade, tax or administrative law matters,
- purely consumer-related individual concerns.
Where matters fall outside its competence, the AFCA may, if sufficiently substantiated, forward them to other competent authorities. However, there is no entitlement to such forwarding.
Requirements for submissions
Any action by the AFCA requires sufficiently concrete and comprehensible indications of a potential infringement of competition law.
Where possible, please state in your submission in particular:
- which undertakings or market participants are concerned,
- which specific conduct is being challenged,
- when and in what context such conduct occurred,
- on which facts your observations are based,
- whether documents, evidence, or other supporting materials are available.
General assumptions, mere value judgments, or allegations lacking sufficient substantiation will generally not justify further investigations.
Prioritisation of proceedings
The AFCA receives a high number of complaints. Accordingly, even where jurisdiction in principle exists, prioritisation is required in the exercise of due administrative discretion. In particular, prioritisation is based on the available resources, the degree of specificity of the submission, the nature, seriousness, and duration of the alleged infringement as well as the overall economic significance of the matter.
The AFCA endeavours to provide timely feedback on submissions received. Please understand that, in individual cases, this may not be possible or may only be possible with delay.