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Austrian Supreme Court Upholds Legality of Dawn Raid on Window Manufacturer

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Photo: Fatima Shahid

The Austrian Supreme Court has confirmed the legality of a dawn raid conducted by the Austrian Federal Competition Authority at a window and door manufacturer, citing reasonable suspicion of anti-competitive agreements.

17.03.2026 | Austrian competition authority


On November 6, 2025, the Austrian Federal Competition Authority (AFCA) sought a dawn raid at a company involved in the window industry due to suspected anti-competitive behavior. The Cartel Court approved this request on November 17, allowing the AFCA to search the company's premises, vehicles, and IT systems.

The investigation focused on potential horizontal agreements, bid rigging, and false offers among competitors in the window restoration and production sector. The AFCA executed the raid on December 2 and 3, 2025, seizing both physical documents and electronic data.

The company contested the legality of the dawn raid, arguing that there were insufficient grounds for such an action and that it was neither necessary nor proportionate. However, the Supreme Cartel Court upheld the Cartel Court's decision, stating that the prerequisites for issuing a search warrant were met, as there was reasonable suspicion of cartel law violations.

The Supreme Court emphasized that the dawn raid was essential for verifying evidence and understanding the scope and duration of the alleged infringement. It ruled that authorities have the right to gather additional evidence to clarify the extent of the infringement and the companies involved.

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