The Austrian Federal Competition Authority (AFCA) was set up in 2002 as an independent competition watchdog and celebrated its 20th anniversary in 2022.
Taking stock, at a glance
In summary, 2022 was a particularly successful year for the AFCA and for competition in Austria.
“I wish to thank my team for their unwavering commitment to protecting and strengthening competition in the Austrian market. Competition control is particularly important these days, and we will continue to work towards a competitive economy for all consumers,” stated interim Director General Natalie Harsdorf-Borsch.
Merger control
In 2022 there were 340 national merger notifications, which means that each AFCA case handler examined an average of eight mergers in relation to potential negative effects for competition.
The slightly lower number of merger notifications compared with the previous year is due to an amendment of the Federal Cartel Act in 2021. At the AFCA’s proposal, the prerequisites for a merger becoming subject to notification were narrowed in order to ensure a more targeted examination and a sensible use of resources.
The Metro/AGM (food wholesale industry) merger, which was notified on 2 September 2021, was submitted by the AFCA to the Cartel Court for an in-depth review. This review led to significant conditions being imposed to prevent negative effects on competition. We were also able to secure conditions for the mergers of Salzburger Alpenmilch/Gmundner Molkerei (ultimately not implemented) as well as Gmundner Molkerei/Milchwerk, guaranteeing in particular a minimum package to secure the dairy farmers’ situation.
Antitrust enforcement
In 2022, the AFCA carried out 13 dawn raids by court order (e.g. in the beverage and wood pellets industry and the waste management sector), with one of these dawn raids for the first time being due to suspected market abuse. At the AFCA’s request, the Cartel Court imposed more than EUR 91 million in fines due to cartel law infringements. Since the AFCA was established, the Cartel Court has imposed fines of approximately EUR 348 million.
We received four applications for leniency and 83 whistleblower reports in total. These figures are a testament to the level of trust that businesses and market participants place in us and our cooperation programmes. Their cooperation helps us to investigate and put an end to concerted practices.
Market inquiries
In 2022, the AFCA conducted several inquiries into various markets. The market inquiry into the fuel market focused on the rising petrol and diesel prices, with results being presented within just a few months. The AFCA also looked into the market for EV charging infrastructure and made recommendations for effective competition in this sector of the economy. Our inquiry into the food sector, which was launched in the autumn of 2022, is another example of continuing significance.
Advocacy and transparency - preventive action
Advocacy and preventive action were further topics focused on by the AFCA during the past year. We published additional position papers on current topics and submitted statements on various legal proposals.
We were also able to hold our Cartel Law Moot Court 2022 at our offices once again. All participating students threw themselves into the event, showing off their depth of knowledge.
Publication of annual reports on activities
The AFCA publishes an Annual Report every year. After consultation with the Competition Commission, the Annual Report must be presented to the Parliament by the Federal Ministry of Labour and Economy without delay. The Annual Report was unanimously approved by the Parliament’s Committee on Economy, Industry and Energy.
All charts contained in the Annual report may be downloaded here and used free of charge for seminars, workshops, events, publications etc.
Annual Report of the Austrian Federal Competition Authority 2022 (currently available in German)