Vienna, September 11, 2025 – The Austrian Cartel Court has imposed fines of €256,000 on three construction companies—Eibel Bau GmbH, Neumayer BAU Ges.mbH, and Schwartz Bauunternehmungen GmbH—for rigging public and private tenders in the building construction sector.
On referral from the Federal Competition Authority (BWB), the court ordered Eibel to pay €26,000, Neumayer €90,000, and Schwartz-Bau €140,000. The penalties are legally binding.
The BWB found that the companies engaged in price-fixing, market-sharing, and the exchange of competition-sensitive information with rivals in Burgenland. The conduct related to both public and private tenders in the building construction sector.
Specifically, Eibel’s anticompetitive conduct lasted, each as a secondary participant, from at least March 2014 to May 2017, Neumayer from at least July 2012 to April 2017, and Schwartz-Bau from at least July 2011 to November 2015.
The collusion included agreements on tender winners, coordinated bid prices, and the submission of so-called “cover bids.” In some cases, competitors were discouraged from bidding altogether, effectively distorting fair competition.
While none of the firms qualified under the formal leniency program, all three cooperated extensively with the BWB, providing admissions and evidence that helped clarify the facts. The authority requested reduced fines, citing the secondary role of the companies, their relatively small size, and their limited economic performance.
The fines are part of a wider investigation into Austria’s construction industry, which has already uncovered extensive cartel practices affecting projects across the federal territory. Both public authorities and private clients were impacted, with numerous construction projects tainted by bid-rigging.
Although many proceedings have already been concluded, the BWB confirmed that investigations remain ongoing. The watchdog has repeatedly stressed that collusion in the sector undermines market fairness, artificially inflates prices, and harms taxpayers as well as private investors.
