The infringements concerned the area of expansion joints and structural bearings in road building projects in Austria during a period lasting from the end of 2017 to the end of 2018. According to AFCA findings, Mageba and Maurer engaged in anti-competitive practices in the form of customer allocation and the exchange of competitively sensitive information in connection with road building tenders.
Maurer applied for leniency and has subsequently cooperated fully with the AFCA, which therefore refrained from applying for a fine and instead only filed an application for findings. Maurer has acknowledged the infringement in the course of its cooperation with the AFCA and declared its willingness to bring the proceedings to an amicable conclusion.
In contrast, in the case of Mageba, the AFCA has applied for an appropriate fine to be imposed.
Leniency status
In accordance with § 11b para. 1 of the Competition Act (WettbG), the AFCA may refrain from applying for the imposition of a fine on a company if that company is the first competitor involved in a cartel to approach the Authority and if it fulfils all the other criteria for the leniency programme.
Assessment of fines
The AFCA applied for an appropriate fine; it is at the Cartel Court’s discretion to set the actual amount. To allow the Court to decide freely on the basis of all relevant circumstances, the AFCA applied for the imposition of an appropriate fine. 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 cartel law.