The Austrian Cartel Court has imposed a fine of €130,000 on Pusiol GmbH, a Lower Austria-based construction company, for its participation in long-running anticompetitive practices within the Austrian construction sector. The decision followed an application by the Austrian Federal Competition Authority (AFCA).
According to the AFCA, Pusiol took part as a secondary participant in a widespread cartel involving price fixing, market allocation, and the exchange of sensitive information with competitors between July 2002 and August 2016. The company’s activities were limited to Lower Austria, but formed part of a broader infringement that affected construction projects throughout Austria, particularly in the field of road construction.
The coordinated conduct included agreements on bid prices, the submission of cover offers, and arrangements ensuring that certain competitors refrained from bidding altogether. These practices aimed to reduce or eliminate competition and secure contracts and market shares for participating companies.
Cooperation and Reduced Fine
Pusiol cooperated with the AFCA outside the formal leniency programme, acknowledging the infringement and assisting in the clarification of facts used before the Cartel Court. In light of this cooperation, its comparatively small size, and its limited economic capacity, the AFCA proposed a reduced fine, which the court subsequently imposed.
Context: The Ongoing Construction Cartel Proceedings
The decision forms part of the AFCA’s broader investigation into the Austrian construction industry, one of the most extensive cartel probes in the country’s history. The investigation focuses primarily on road and civil engineering projects, involving both public and private clients.
The AFCA has uncovered evidence of a nationwide network of collusion among multiple construction firms, aimed at dividing markets and coordinating prices over a period of several years. While many proceedings have already been concluded, investigations remain ongoing into other companies allegedly involved.
Legal Framework
Under Austria’s Federal Cartel Act, agreements or practices that prevent, restrict, or distort competition—such as price fixing or market division—are strictly prohibited. Upon request by the AFCA, the Cartel Court may impose fines of up to 10% of a company’s total annual turnover. The size of the fine depends on the gravity and duration of the infringement, the degree of fault, and the economic strength and cooperation of the company concerned.
