Meßtechnik participated in the coordination of price components and a price increase, as well as in the systematic exchange of competitively sensitive information, particularly concerning prices, tenders, customers and prospective customers, and terms and conditions, on the submetering market in Austria from January 2009 up to and including February 2019. The anti-competitive conduct took place both during association meetings and outside the association.
The decision is final.
Submetering market
Submetering refers to the individual measuring and billing of costs for heating and hot and cold water in buildings for private or commercial use (residential buildings, office buildings etc.), and generally also includes the provision of the requisite meters, i.e. heat cost allocators, hot and cold water meters, and heat meters.
AFCA investigations concluded
In July 2019, the AFCA conducted dawn raids at companies engaged in the submetering industry. It was suspected that, among other things, meetings of an industry association had been used to discuss or agree on market parameters. Based on the data evaluated, the AFCA filed applications with the Cartel Court against the following companies:
- ista Österreich GmbH (2022)
- Techem Messtechnik GmbH (2022)
- Meßtechnik Gesellschaft m.b.H. & Co KG and Meßtechnik FMB GmbH (2023)
Techem Messtechnik GmbH - Leniency status
Techem Messtechnik GmbH was the first company to apply for leniency and subsequently cooperated with the AFCA, enabling the Authority to fully clarify the facts of the case. The AFCA therefore did not request a fine, only applying to the Cartel Court to find an infringement.
ista Österreich GmbH - Leniency status
ista Österreich GmbH cooperated under the leniency programme, enabling the facts of the case to be fully clarified, and also admitted the infringement for the purposes of the proceedings before the Cartel Court. This contributed to the swift conclusion of the proceedings. Against this background, the AFCA applied to the Cartel Court for the imposition of a reduced fine of EUR 2.2 million.
The investigations and proceedings in the submetering market have therefore been concluded.
Fines under the Cartel Act
Where an infringement has been found, the Cartel Court may, at the request of the AFCA, impose fines of up to 10% of the total turnover achieved in the preceding business year. Fines are determined taking into account the gravity and duration of the infringement, the degree of fault, the economic capacity of the company concerned, and its cooperation.
Cartel Court case number: 127 Kt 3/24i