Infringement
According to the findings of the Cartel Court, Creditreform and Bureau van Dijk Editions Electroniques Sarl (hereinafter “BvD”) engaged in illegal customer sharing, price fixing and the exchange of competitively sensitive information by submitting price and customer lists. The infringement covered the entire territory of Austria and lasted from July 2002 up to and including April 2021.
Creditreform and BvD cooperated in compiling the databases. However, both companies were active in selling the databases to customers and competed with each other. The Cartel Court had previously established BvD’s participation in the infringement in a final decision. BvD was granted leniency (see press release of 13 May 2026).
Cooperation and fine
Creditreform cooperated with the AFCA to clarify the facts of the case and acknowledged the infringement. In determining the fine, account was taken, among other factors, of the long duration of the infringement, the company’s cooperation, the compliance measures taken and the limited impact on competition. The Cartel Court granted the AFCA’s application for the imposition of a fine of EUR 90,000 in full.
Fines under the Cartel Act
The Federal Cartel Act prohibits any behaviour that has as its object or effect the prevention, restriction or distortion of competition. This includes, for example, price fixing agreements or the division of markets or territories. Where an infringement is established, the Cartel Court may, upon application by the official parties, impose fines of up to 10% of the total turnover generated in the preceding business year. Fines are determined taking into account the gravity and duration of the infringement, the degree of fault, the economic strength and the cooperation of the company concerned.