We have successfully completed the trial run to enable the electronic submission of merger notifications (e-justice through the ERV system). You can now submit your merger notifications using the ERV (Z008239) system.
For technical queries please e-mail David Holzer at david.holzer[at]bwb.gv.at or Sandra Böhmwalder at sandra.boehmwalder[at]bwb.gv.at. The deadline for a request for examination pursuant to § 11 of the Federal Cartel Act 2005 (KartG 2005) in relation to mergers notified to the Austrian Federal Competition Authority (§ 9 KartG 2005) before 30 April 2020 will only start running from 1 May 2020 in accordance with the Second COVID-19 Act.
The AFCA will apply this rule to any mergers notified after the entry into force of the Second COVID-19 Act. This does not affect the possibility of an examination being waived in justified cases.
The decision period pursuant to § 14 KartG 2005 for requests for examination that are pending at the Cartel Court as at the entry into force of the Second COVID-19 Act or that will be pending by the end of 30 April 2020 will only start on 1 May 2020. This concerns cases already in Phase II of the process, as well as cases where either the Federal Competition Authority and/or the Federal Cartel Prosecutor have made a request for examination, irrespective of whether the merger has been notified before or after the entry into force of the Second COVID-19 Act.
The AFCA is doing its utmost in the current situation to maintain at least limited business operations, taking into account the current circumstances in terms of organisation, human resources and technology.
The current operations in the AFCA until at least 13.4.2020:
- Our offices will be closed to the public until further notice. Office hours: Monday - Thursday 8 A.M. - 4 P.M., Friday 8 A.M. - 3 P.M.
- We are cancelling all business conferences, meetings, personal appointments, summons and invitations to the Authority until at least 13.4.2020. Enquiries can be send to daniela.strenn[at]bwb.gv.at
- Our switchboard is not staffed at all times.
- We kindly ask that you get in touch by electronic means wherever possible and only contact us if your query or issue is urgent: please send enquiries to wettbewerb[at]bwb.gv.at.
- In urgent cases, you may contact our deputy Managing Director/Head of Legal Service Natalie Harsdorf using the e-mail adress natalie.harsdorf[at]bwb.gv.at and deputy Head of Legal Service Alexander Koprivnikar using the e-mail adress alexander.koprivnikar[at]bwb.gv.at.
Our post room is not staffed at all times. We therefore advise against sending post to the AFCA.