The Austrian competition authority, known as the Bundeswettbewerbsbehörde (BWB), has initiated proceedings against Pusiol GmbH, seeking a fine of €130,000 for its involvement in cartel activities related to public and private construction tenders in Lower Austria. Pusiol was found to have engaged in illegal price agreements, market divisions, and the exchange of sensitive information with competitors.

This cartel behavior is part of a broader infringement affecting the entire Austrian territory, with varying degrees of participation from different companies. The collusion primarily involved construction projects in both civil engineering and building construction, with a significant focus on road construction. The aim was to minimize or eliminate competition, thereby facilitating the awarding of contracts among the involved parties and securing market shares.

Pusiol cooperated with the BWB outside of the leniency program, providing comprehensive acknowledgments regarding the facts of the case. As a result, the BWB has requested a reduced fine, taking into account Pusiol's economic capacity and cooperation during the investigation.

The ongoing investigations by the BWB have revealed a large number of construction projects affected by these cartel activities, which involve both public and private clients. The colluding companies made agreements to assist each other in securing contracts, which included price-fixing, market allocation, and the exchange of competitively sensitive information, such as future bidding strategies. Some companies even agreed on which competitors would refrain from submitting bids.

According to the cartel law, actions that hinder or distort competition, such as price-fixing and market division, are prohibited. The cartel court can impose fines of up to 10% of a company's total revenue from the previous business year for confirmed violations, considering the severity and duration of the infringement, the culpability, and the economic capacity of the involved company.