April 15, 2025 – Vienna — The Federal Cartel Court has ruled that ABO Asphalt-Bau Oeynhausen GmbH (ABO) engaged in illegal cartel practices in Austria’s civil engineering sector, following a case brought by the Federal Competition Authority (BWB). The decision, issued on April 15, 2025, is final and legally binding.
According to the ruling, ABO was a secondary participant in a single and continuous infringement between at least July 2002 and May 2017, covering civil engineering projects in Lower Austria and Burgenland. The company was found to have engaged in anti-competitive conduct, including price-fixing, market sharing, and the exchange of sensitive bidding information with competitors across both public and private tenders.
The ruling marks a further chapter in the ongoing crackdown on what has become one of Austria’s most significant cartel investigations in the construction industry. The cartel, which spanned the entire country, involved collusion between numerous firms to rig bids, secure contracts, maintain market share, and ensure consistent capacity utilization. Methods included price coordination, bid submission strategies, and, in some cases, the creation of unlawful bidding consortia.
Although ABO is currently in liquidation and expected to cease legal capacity soon, the court proceeded with the case based on its past conduct. According to ABO, there will be no universal succession of liabilities once it is formally dissolved.
Notably, ABO cooperated with the BWB outside of the formal leniency program, providing a comprehensive admission that helped clarify the case before the Cartel Court.
This decision follows earlier penalties against other cartel participants, including fines issued to PORR AG and ongoing proceedings against STRABAG SE. The broader investigation into the construction cartel continues, with several proceedings still active and others already concluded.
Further updates and information are available in the BWB’s Construction Cartel FAQ – April 2025.
