12.03.2025 | Austrian competition authority
The Austrian competition authority, known as BWB, is responsible for enforcing regulations against unfair trading practices under the FWBG. Each year, the BWB publishes a report summarizing its activities, including the number of complaints received and investigations initiated or concluded. The authority has significant investigative powers and can impose fines of up to 500,000 euros against buyers violating UTP regulations.
According to Natalie Harsdorf, the General Director for Competition, unfair trading practices unjustly disadvantage suppliers compared to their buyers. The BWB has prioritized the investigation of such practices, particularly in the food sector, as reflected in the current annual report.
In 2024, the BWB received complaints regarding payment demands unrelated to the sale of agricultural and food products, as well as unilateral changes to supply agreements. One notable case involved a request from DM to suppliers for a so-called 'OCR bonus' of 1.5% to 2.5% starting in May 2024, which the BWB deemed lacked a concrete counter-performance. Consequently, the BWB filed a request for fines in 20 cases with the cartel court on February 26, 2025.
Additionally, the BWB investigated allegations of unilateral changes to supply agreements concerning the use of collapsible and stackable plastic crates for delivering fruits and vegetables. Suppliers reported being forced to switch from cheaper green crates to more expensive black ones. There were also claims of delivery bans and delayed refunds from the system operator, raising concerns about potential abuse of a dominant market position. However, the comprehensive investigations did not confirm these suspicions, leading to the closure of the case.
Ongoing investigations have also been initiated in 2024 regarding unilateral changes to supply agreements by several companies within the same sector. The BWB is currently gathering facts and examining the legal requirements, but further details cannot be disclosed at this time. The authority will provide updates on the outcomes of these investigations as they become available.
On February 23, 2024, the BWB submitted a request to the cartel court for a fine against a wholesale apple marketer due to suspected payment delays involving two fruit farmers in multiple instances. The complete annual report can be accessed through the provided link.
To date, the BWB has filed requests for fines in 16 cases against MPREIS and has also submitted a fine request against a wholesaler for unfair trading practices towards fruit farmers.
© 2024 PolicyPulse. All rights reserved.
See something you like or don't like? Let us know!