Kienzl was involved in anti-competitive price fixing and price coordination, market divisions and the exchange of information with competitors from at least September 2012 until April 2017. The infringement related to public and private tenders in the sector of structural engineering. At the request of the AFCA, the Cartel Court has imposed a fine of EUR 45,000. The decision is final.
Kienzl cooperated with the AFCA outside the leniency programme to fully clarify the facts of the case, acknowledging the infringement for use in proceedings before the Cartel Court. The AFCA therefore applied for a reduced fine, giving special consideration to the secondary participation, the comparatively small size of the undertaking, and its economic capacity.
General information on the investigations conducted by the AFCA in the Austrian construction industry
The uncovered cartel relates to the economic sector of construction.
The infringement covers the entire Austrian territory, albeit to varying degrees depending on the company involved. Both public and private clients were affected by these practices, as were a large number of construction projects. The investigations are still ongoing. Most of the proceedings have meanwhile been already concluded.
The companies involved in the infringement engaged in concerted action in order to help each other to win construction contracts, thereby securing market shares and utilising their capacities accordingly. To reach this common goal, they engaged in illegal price fixing and market divisions, exchanged competitively sensitive information – relating for example to agreements on future behaviour when submitting bids.
The companies involved also agreed on which bidder should win each contract, the price to be offered and the submission of bogus offers, as well as arranging that certain competitors would not submit any bid at all.
FAQ Construction Cartel Update October 2025
For further information on and developments in the construction cartel, please refer to our FAQ Construction Cartel October 2025.
Fines for Cartels
The Federal Cartel Act prohibits any behaviour that prevents or distorts competition. This covers price fixing agreements or the division of markets or territories. At the AFCA’s request, the Cartel Court may impose fines of up to 10% of an entity’s total turnover generated in the preceding business year if that entity is found to have breached the rules banning cartels. Fines are determined on the basis of the gravity and duration of the breach, the degree of fault, and the economic strength and cooperation of the company concerned.