The undertaking is suspected of anti-competitive practices specifically the binding of resale prices (so-called vertical price fixing) in the distribution of refrigeration and freezing equipment. The operation began on April 18, 2023 and has been completed on May 11, 2023.
Affected Market
The affected undertaking is active in the development and production of refrigeration and freezing equipment for private and commercial use, among other things.
Dawn raids in premises can only be carried out by the Austrian Federal Competition Authority based on a search warrant issued by the Cartel Court (Higher Regional Court of Vienna). Requests by AFCA for dawn raids are examined by a single judge. The examination is based in particular on the grounds for suspicion, proportionality and necessity.
Prohibition by Cartel Law
According to § 1 of the Cartel Act or Article 101 of the Treaty on the Functioning of the European Union (TFEU), all agreements that prevent or restrict competition are prohibited. In particular, agreements on prices, restrictions on production or sales, and the division of markets are prohibited. In the event of a breach of the Cartel Act, fines of up to 10% of a company's total turnover can be imposed by the Cartel Court.