Merger Filings in Austria: FCA Issue New Form on Notification of Concentrations

摘要

The Austrian Federal Competition Authority (Bundeswettbewerbsbehorde) (FCA) has recently published a form relating to the notification of concentrations (the 'Form') on its website. Although not formally binding, the Form has significantly changed the framework of merger filings in Austria. As soon as the Form was published, the FCA made it clear that notifying parties were strongly advised to adhere to it. If notifications are not based on the Form, the FCA and the Federal Antitrust Prosecutor (Bundeskartellanwalt) (FAP) may examine the relevant concentration less quickly or may even initiate phase II (in-depth examination) proceedings, which can take up to five months.