Cartel conduct is not criminalised under Austrian law. However, cartel behaviour may qualify as bid rigging or fraud (or both). These are both criminal offences under sections 168b and 146 respectively of the Austrian Criminal Code .
Corporations may be held liable for the criminal offences of their management and employees under the Corporate Criminal Liability Act.
Bid rigging is punishable by a maximum of three years’ imprisonment.
Fraud is punishable by a maximum of ten years’ imprisonment.
Maximum fine of EUR1.8 million.