1. Implementation of the ECN+ Directive ∙ Austria: A Missed Opportunity for Fundamental Rights, but (Finally) Changes to the Merger Thresholds.
- Author
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Kühnert, Heinrich and König, Elisabeth
- Subjects
CIVIL rights ,LEGAL liability ,ADMINISTRATIVE law ,LEGAL reasoning ,LEGAL remedies ,STUDENT suspension - Abstract
22 ACA as amended by the Government Bill, s 31. 23 Competition Act as amended by the Government Bill, s 11a. 24 Competition Act, s 11a(5): €75,000 in case of RfIs imposed by decision, and €25,000 in case of simple RfIs. 27 Competition Act, s 11b(1). 28 Competition Act as amended by the Government Bill, s 4 para 1 No 2. 29 ACA as introduced by the Government Bill, ss 28a and 36(2a). Keywords: ECN+ implementation; administrative duty; fines; environment; individual exemption; dominance test; digital markets; second domestic merger control threshold; SIEC; ECN+ Directive; Directive (EU) 2019/1; fundamental rights; NCA independence; NCA resources; leniency EN ECN+ implementation administrative duty fines environment individual exemption dominance test digital markets second domestic merger control threshold SIEC ECN+ Directive Directive (EU) 2019/1 fundamental rights NCA independence NCA resources leniency 216 220 5 08/18/21 20210701 NES 210701 I. Introduction Similar to other EU Member States, Austria is late in transposing Directive (EU) 2019/1 (the ECN+ Directive or the Directive). First ministerial proposals of the intended amendments to these federal acts were published in April 2021 and a public consultation period was opened until 18 May 2021.[3] An updated government bill (the Government Bill)[4] was presented to the Austrian Parliament and submitted to the Justice Committee ( I Justizausschuss i ) for preliminary deliberation on 16 June 2021. [Extracted from the article]
- Published
- 2021
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