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Alexander Reiter

OGH, Beschluss vom 17.02.2021 - 16 Ok 4/20d, Büchl Gmbh v Peugeot Austria Gesellschaft mbH, Decision, 16 Ok 4/20d, OCL 324 (AT 2021), 17th February 2021, Austria; Supreme Court of Justice [OGH]

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Whether the manufacturer of a car brand could have a relative dominant position vis-a-vis its retailer within the meaning of Article 4(3) of the Cartel Act (‘ACA’) now Article 4a ACA.

Whether contract clauses of a car manufacturer in relation to pricing and the passing-on of costs for services which were within the predominant interest of the manufacturer qualified as an abuse of a dominant position within the meaning of Article 5(1) of the ACA.

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