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Predatory pricing
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=== Austria=== The European competition law art. 82 EC and § 5 KartG 2005 prohibit a market dominant enterprise, as well as a collective of several dominant enterprises, from intentionally suppressing a competitor or increasing their respective market share by using methods other than those of legal competitive performance.<ref>(OGH 9.10.2000,ÖBI 2001,135 – subscription prices ; OGH 16.12.2002, 16 Ok 11/02 –Red Bull)</ref> According to the law, predatory pricing is considered a violation if a market-dominant enterprise controls the local market by offering its goods and services at prices below AVC. However, if prices are below ATC, but above AVC, predattory pricing may not be considered a law violation. Furthermore, if market abuse is directed against competitors, and not against suppliers and clients, Austrian law provides provisions under § 1UWG (in connection with §5 para. 1 KartG 2005, if there is a competitive relationship).<ref>OGH 9.9.1997,36 –film hire;OGH 17.3.1998,ÖBI 1998,356.</ref> Additionally, according to §1UWG, predatory pricing can be unconscionable if intended to harm competitors—even without the dominant company incurring losses. Moreover, predatory pricing can be unconscionable according to §1UWG if the dominant firm expels enough competitors from the market to gain enough market share to dictate prices.<ref>OGH 10.7.2001 ÖBI 2001,127 best offer</ref>
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