VIENNA, March 18, 2026 — Austria’s Supreme Court has upheld a competition authority raid on a window and door manufacturer, confirming that the search was lawfully ordered amid suspicions of bid rigging and collusion.
The Oberster Gerichtshof, acting as the cartel court of appeal, rejected a challenge by the company and confirmed an earlier decision authorising the search.
The investigation was initiated by the Bundeswettbewerbsbehörde (BWB), which had requested the raid in November 2025 over suspected horizontal agreements and information exchanges in the market for window production and renovation.
The Kartellgericht (cartel court) approved the request, allowing officials to search business premises, vehicles and IT systems, and to seize physical and electronic evidence.
Authorities suspected that competitors may have coordinated behaviour in tenders, including the use of “cover bids” to manipulate outcomes.
The company challenged the order, arguing that there was no sufficient basis for suspicion and that the raid was neither necessary nor proportionate.
However, the Supreme Court found that the legal threshold for a search had been met at the time of authorisation, stating that a “reasonable and comprehensible” suspicion of a competition law infringement was sufficient. It added that authorities do not need to establish a concrete violation or urgent suspicion before conducting a search.
The court also ruled that the raid was necessary to verify the completeness of evidence and to determine the scope, duration and participants involved in the alleged conduct.
It further held that the measure was proportionate, noting that authorities are entitled to seek additional evidence and explore previously unknown sources of information to clarify potential infringements.
The decision provides guidance on the evidentiary threshold for antitrust inspections in Austria and reinforces the powers of competition authorities to conduct dawn raids in cartel investigations.
