12 February 2025
roadmap
austria vienna
Evolving enforcement priorities: recent trends in Austrian competition law
In recent years, Austrian competition law enforcement has gained momentum, reflecting the evolving economic landscape and the rise of the digital economy. The Federal Competition Authority (Bundeswettbewerbsbehörde, BWB) has become more proactive, expanding its resources (including a significant increase in staffing), modernising its toolbox, and keeping a keen eye on both national and international challenges. Key trends indicate a more assertive enforcement approach, with a growing focus on digital markets, abuses of market power and targeted, sector-specific investigations. This evolution highlights the importance of understanding local regulations and their enforcement, as practices deemed acceptable elsewhere in Europe may face scrutiny and potential sanctions in Austria.
Increased focus on digital markets
A significant development in Austrian competition enforcement is the BWB's heightened focus on digital markets. Alongside traditional antitrust tools, the BWB enforces the EU Platform-to-Business (P2B) Regulation, allowing it to take legal action against online intermediaries and search engines that do not comply with the P2B framework, particularly when such non-compliance threatens competitive balance.
Online platforms operating in Austria that fall below the thresholds of the EU Digital Markets Act should closely monitor the BWB's active enforcement strategy.
Sector investigations: spotlight on key industries
The BWB has also notably ramped up its sector investigations, conducting thorough examinations of specific markets to assess whether competition is functioning properly. Recent investigations have targeted sectors such as grocery, electricity, gas markets and online food delivery platforms. This process typically involves sending extensive questionnaires to market participants, with the resulting reports published for public access. Although primarily informational, these reports can lead to formal investigations if signs of anti-competitive behaviour, such as market distortion or cartel activity, are uncovered.
Abuse of market power: renewed focus
Although the EU provides a uniform framework for addressing the abuse of market power, EU Member States retain the ability to enact stricter regulations and measures. The Austrian legislator has taken advantage of this flexibility, with one notable example being the concept of "relative market power". Under this framework, a company may be considered dominant not solely based on market size but also if it holds a powerful position relative to its suppliers or buyers. This could apply, for instance, to mid-sized companies engaging with significantly smaller or highly dependent partners. Moreover, online platforms may be classified as dominant if users rely on forming business relationships with them to avoid severe economic disadvantages.
While cases involving the abuse of (relative) market power have been relatively scarce in Austria in recent years, the BWB has signalled plans to prioritise these cases, particularly those arising from market participants' complaints, likely leading to more investigations soon.
The enforcement of Austrian competition law has evolved significantly in recent years, embracing a more proactive and sophisticated approach. For international companies, staying informed about the authority's evolving strategies is crucial to avoid unforeseen legal challenges.
author: Anna Sofia Reumann
Anna Sofia
Reumann
Associate
austria vienna