Where behavior is investigated in parallel by the Austrian competition authorities and the Public Prosecutor’s Office (PPO), the latter usually requests the competition authorities to provide it with copies of their files, including leniency statements and settlement submissions that have been filed with the Federal Competition Authority (FCA), and adds (parts of) these documents to its own file. Victims of competition law infringements can thus indirectly get access to leniency statements and settlement submissions through an inspection of the PPO’s file. This practice risks weakening the effectiveness of the Austrian leniency program and settlement procedure as it may deter undertakings from cooperating with the FCA.

Herbst Kinsky has advised the Montreal-based Valsoft Corporation on its acquisition of the assets of Vienna-based Seekda.

On 12 July 2023 the general or ex officio tool of the FSR became applicable. The tool empowers the European Commission (EC) to investigate cases where foreign subsidies are suspected of having a distortive effect on the EU's internal market, even if they do not fall within the scope of the other two FSR tools (M&A tool and public procurement tool). This gives the EC a powerful instrument to tackle market distortions from subsidies granted by third countries.

Alexander Reich-Rohrwig has become a Partner in the Corporate Transactions team of Cerha Hempel.

Herbst Kinsky has advised Statkraft Ventures and Junction Growth Investors on their investment in EET-Efficient Energy Technology during its EUR 6.5 million series A financing round.

Wolf Theiss has advised UniCredit Bank Austria, CaixaBank, La Banque Postale, and Bondholders SL on a EUR 113 million syndicated financing for RML Infrastruktur for the roll-out, operation, and maintenance of an open-access fiber-to-the-home network in Austria's Liezen district. PHH reportedly advised Meridiam.

DSC Doralt Seist Csoklich has advised Geno EuropaFonds on its sale of the Saturn Tower office building in Vienna to the Wlaschek Foundation's Amisola Immobilien AG.

Cerha Hempel has advised Austria's Strabag on the acquisition of the Sitec Verkehrstechnik and Wieser Verkehrssicherheit road safety companies.

E+H, working with Simpson Thacher & Bartlett, Gleiss Lutz, Loyens Loeff, and Linklaters, has advised the Takko Fashion group on its financial restructuring and refinancing transactions that saw its bondholders acquiring a majority stake in the group. Freshfields Bruckhaus Deringer, working with Arendt & Medernach, advised the ad hoc group of noteholders.

On August 14, 2023, Binder Groesswang announced that Macquarie Asset Management's acquisition of a significant minority stake in Best in Parking AG (reported by CEE Legal Matters on May 10, 2023) had closed.

Wolf Theiss has advised the JP Hospitality Investors Club on a hotel lease agreement with Treasurests Hospitality. Suppan Spiegl Zeller reportedly advised Treasurests Hospitality.

Brandl Talos, working with Fladgate, has advised Ring International Holding on TDR Capital’s investment in Popeyes UK.

On 11 July 2023, the European Securities and Markets Authority (“ESMA”) published a public statement (“ESMA Statement”) regarding sustainability-related disclosure requirements in prospectuses for both equity and non-equity securities.

Schoenherr has advised Greiner Group member Neveon Holding on the sale of its automotive division consisting of Greiner Perfoam and its subsidiaries to Treves. Wolf Theiss advised Treves.

In Austria, ESG issues are at the forefront, while the Viennese Building Code is being updated to promote environmentally friendly measures, according to Weber & Co Partner Daniela Witt-Doerring.

On August 1, 2023, Binder Groesswang announced that Semperit Aktiengesellschaft Holding's acquisition of the Austrian Rico Group (reported by CEE Legal Matters on May 9, 2023) had closed.

Binder Groesswang, working with Willkie Farr & Gallagher, has advised French investment company Wendel and other shareholders on their sale of Constantia Flexibles to One Rock Capital Partners. Wolf Theiss, working with Latham & Watkins, advised One Rock. Hamburg's Klawitter Neben Plath Zintler reportedly advised Wendel as well.

Raphael Valenta has rejoined the KWR Karasek Wietrzyk Rechtsanwaelte Corporate Law team in Vienna as a Junior Partner.