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6. Competition Talk of the BWB on 18.6.2013

On 18 of June 2013 the sixth Competition Talk organized by the Austrian Federal Competition Authority with the subject "Vertical price fixing" took place.

​Vertical Price fixing - not a new topic for the BWB​ 

Panellists: Anastasios Xeniadis (BWB) and Heinrich Kühnert (bpv Hügel RA).

Director General, Dr. Theodor Thanner, emphasized in his introduction, that the issue of vertical price fixing and price maintenance is not new for the BWB. Already in 2008, the Federal Competition Authority organized the "Resale Price Maintenance Conference" where many antitrust experts exchanged their point of views and participants were informed about the do's and don'ts in vertical agreements. In the meantime BWB has started an information campaign with the Chamber of Commerce. The BWB has published a draft of guidelines on this issue and asked for comments until 1 of August 2013.

Vertical price fixing in practise

Anastasios Xeniadis and Heinrich Kühnert, as well about 60 guests discussed extensively these guidelines. Kühnert initially stressed that not every vertical agreement was inherently bad as there exists not always a disadvantage for consumers.

Anastasios Xeniadis put emphasis on many "vertical cases" in which the BWB worked on and brought to court during recent years. Especially in the sectors of insulation, electronics and food many agreements were uncovered and stopped.

The guidelines

Finally it was discussed how precisely guidelines can be. Although for consumers and undertakers a clear list for allowed and forbidden behaviour would be fine, in reality there are nevertheless many exemptions. Therefore guidelines can never avoid an investigation on a case-by-case basis.