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Remedies for Food Wholesale Companies

The Austrian Compatition Authority requested an examination on 29/03/2011 concerning the acquisition of three subsidiaries of Nussbaumer GmbH by Pfeiffer GmbH.

 The Austrian Competition Authority requested the examination since the creation of a dominant position  could not be excluded.

To prevent this dominance the Federal Competition Authority and the parties agreed upon (behavioural) remedies, which were imposed by the Cartel Court.  These remedies include a 10-year price monitoring and an acquisition prohibition for Pfeiffer in Styria and the District Jennersdorf. 

For reaching this output BWB has done a SNIPP Test and a revenue-distance analysis. Conclusion was the following market definition: 

  • "Cash & carry trading (small customers)" with relevant regional area 30 km (road miles)
  • "Delivery business (wholesale)" with relevant regional area of 100 km (road miles).