Recent Developments in Austrian Antitrust Regulations The Austrian Merger Clearance Regime in 2022 – an up-to-date overview

Ferdinand Graf, Partner, Graf Isola, Austria

On the occasion of the implementation of the ECN+ directive, the Austrian legislator introduced some important changes to the Austrian merger rules last year, which are applicable to Austrian mergers as of January 1, 2022 (’CCA Amendment 2021’ ). This article explains the amended Austrian merger clearance regime, focusing inter alia on the turnover thresholds triggering a pre-merger notification duty and the examination by the competent authority of whether a merger is going to get green light. It also highlights practical consequences in light of Austria’s direct foreign investment regime, an area of significant practical importance for foreign investment into Austria or with an Austria nexus, which has been interlinked by the CCA Amendment 2021 with the merger clearance process.

Ferdinand Graf is a founding partner of GRAF ISOLA. He advises domestic and foreign companies on ongoing corporate law issues as well as on cross-border M&A transactions and restructurings. In his areas of expertise, Ferdinand is also active as a litigator. Ferdinand Graf has international experience through his studies in the United States and his work in law firms in New York and Washington. He is also admitted to the New York State Bar. He publishes regularly in his areas of expertise, in particular competition and antitrust law and, most recently, extensively on data protection law. Together with his team, Ferdinand Graf has been advising LUKOIL for more than 20 years.

GRAF ISOLA was founded in 1994 and is one of the leading independent Austrian commercial law firms with offices in Vienna and Graz. The full-service firm advises in all fields of Austrian and European business law with a client base from all sectors of industry – both domestic and foreign – as well as public authorities. GRAF ISOLA has 25 qualified lawyers including seven partners – most are recognized experts in their field and have years of international experience. The firm is internationally known for its hard work approach and efficient and creative way of handling complex cases in a solution-oriented manner. GRAF ISOLA has an extensive network with international leading law firms across the globe – with whom the firm regularly co-operates based on a best friends philosophy.