December 1997 / January 1998

Austria: Merger control turnover rules

01 December 1997

The Austrian Cartel Court’s decision to interpret the turnover calculation rules of Austrian merger control somewhat restrictively is very welcome news for all companies engaging in mergers and acquisitions. The court’s interpretation, albeit as yet unconfirmed by the Austrian Supreme Court, will go some way towards making the inclusion of turnover for the purpose of merger control, which is almost open-ended according to the letter of the law, more manageable. In effect, as long as there are no spillover effects to other partners of a joint venture concerned, the decision would seem to exclude the turnover of joint venture partners (and not of the joint venture as such).