Der Allgemeine Teil des Kartellgeldbußenrechts

This book examines the general conditions for the imposition of antitrust fines in the General Section in European and Austrian antitrust law. In comparison to other regulations under which sanctions are imposed, the law on cartel fines is only sparsely structured by legal provisions. The central question is therefore how courts deal with this regulatory gap. Following a detailed presentation of the basic principles of cartel law, the General Part in European and Austrian cartel law is prepared. It deals with the areas of intent and negligence, participation, attempt, omission, reasons for justification and excuses and the doctrine of error. Within the framework of this analysis, the existing judicature and the corresponding literature opinions are elaborated and subjected to a critical evaluation. Based on this, selected questions regarding the compatibility of the General Part with the fundamental guarantees of criminal law will be examined in more detail. Finally, we consider how regulations in the General Section could be established for the imposition of sanctions in cartel law.

Dr. Raphaela Bauer was a university assistant at the Institute for Austrian and European Commercial Criminal Law at the Vienna University of Economics and Business Administration and works as an associate in Vienna.