On 13 December 2024, the AFCA filed an application for findings on ABO with the Cartel Court (see press release of 17 December 2024).
The Cartel Court found that ABO had infringed cartel law owing to its involvement in a single and continuous infringement in Austria, taking the form of illegal price fixing and/or price coordination, market divisions and the exchange of information with competitors in relation to public and private tenders in the sector of civil engineering. This involvement lasted from at least July 2002 until May 2017 and covered the provinces of Lower Austria and Burgenland.
The decision is final.
Liquidation
ABO is currently in liquidation and is likely to lose its legal personality and capacity to be a party to legal proceedings. According to ABO itself, there will be no universal legal succession. Two parent companies have already been fined (PORR AG, see press release of 4 April 2022) or are currently awaiting the outcome of a pending lawsuit (STRABAG SE, see press release of 29 June 2023).
Cooperation outside the leniency programme
ABO 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.
Background
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. Some of the proceedings have meanwhile been finally 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 – and in some cases formed anti-competitive working groups and bidding consortia.
FAQ Construction cartel update April 2025
For further information on and developments in the construction cartel, please refer to our FAQ Construction cartel update April 2025.