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Fatima Shahid

Austrian Competition Authority Imposes €110,000 Fine on Pichler for Cartel Violations

16.01.2025 | Austrian competition authority

The Austrian competition authority has successfully imposed a €110,000 fine on construction company Pichler for participating in illegal cartel activities, including price-fixing and market allocation, from 2013 to 2016.


The Austrian Federal Competition Authority (BWB) filed a request for a fine against Pichler at the Cartel Court on May 29, 2024, which was confirmed in a press release on June 13, 2024. The fine of €110,000 was imposed due to Pichler's involvement in cartel activities in the construction sector, specifically in road construction, from June 2013 to July 2016 in Styria.

Pichler participated in a continuous and uniform violation of cartel laws in Austria from July 2002 to October 2017, engaging in illegal price agreements, market divisions, and information exchanges with competitors. The ruling is now legally binding.

In a cooperative effort outside the leniency program, Pichler provided comprehensive acknowledgment of the facts to the BWB, which led to a request for a reduced fine. The cartel activities affected both public and private clients across numerous construction projects throughout Austria, although the extent of involvement varied by company.

The investigations by the BWB are ongoing, with some cases already concluded. The cartel involved agreements among companies to facilitate contract awards, secure market shares, and maintain capacity utilization. This included price agreements, market allocations, and exchanges of sensitive competitive information regarding future bidding behavior, as well as the formation of illegal bidding alliances.

Companies involved coordinated on the winning bidder, the prices to be submitted, and even agreed that certain competitors would not submit bids at all. Further information and developments regarding the construction cartel can be found in the FAQ Baukartell Update January 2025.

Under the cartel law, actions that hinder or distort competition, such as price-fixing or market allocation, are prohibited. The Cartel Court can impose fines of up to 10% of the total revenue from the previous business year for confirmed violations, taking into account the severity and duration of the infringement, the culpability, the economic capacity, and the cooperation of the involved company.

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