Sustainability & Competition Law

What sustainability dimension is covered by the new sustainability exemption in the Austrian Cartel Act?

• Economic sustainability

• Environmental sustainability

• Social sustainability

Sustainable cooperations between competing companies can only be exempted from the cartel ban according to Austrian law, if the cooperation falls under the sustainability exemption.

• True

• False

• Neither true nor false - it depends on the number of companies participating in the cooperation.

Which condition of § 2 (1) Cartel Act was modified for sustainability agreements?

• Efficiency gain (innovative step)

• Passing on of a fair share of the efficiency gain to consumers

• Restriction of competition is indispensable

• No elemination of remaining competition

If a cooperation, which affects trade between EU Member States, falls under the Austrian sustainability exemption, there is still a need to assess whether it complies with EU Law.

• True

• False

Who assesses whether a planned cooperation complies with the Austrian Cartel Act?

• Mandatory the Austrian Federal Competition Authority

• Mandatory the Austrian Federal Competition Authority and the Federal Cartel Prosecutor

• Self-assessment by the companies

• Mandatory the European Commission

What does the Substantiality Criterion balance?

• The positive and the negative effects of the cooperation on the market

• The positive and the negative effects of the cooperation outside the market

• The number of lawyers and the number of economists working on the case

• The number of companies in the market participating and not participating