OGH Backs Competition Authority Search Powers

Apr 30, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently affirmed that the Austrian Federal Competition Authority (Bundeswettbewerbsbehörde, BWB) holds extensive powers when conducting searches under Section 12 of the Austrian Competition Act (Wettbewerbsgesetz, WettbG).

A search warrant requires a substantiated suspicion of a violation of competition law and the necessity of the measure for obtaining business documents. In the case at hand, the companies involved contended that specific end devices and server data ought to have been excluded from the scope of the search or at least subject to more narrowly defined parameters. However, the OGH did not concur with these arguments.

The determining factor is the subject of the investigation outlined in the order, which defines the BWB’s investigative authority regarding both scope and timeframe, as well as delineates the allowable use of data. The law imposes no additional limitations concerning particular data carriers or sources of information.

Under this framework, the BWB is authorised to access and analyse all data located within the designated premises or retrievable from such locations for the purpose of assessing its relevance to the investigation. According to the OGH, this extensive review is typically considered proportionate unless particular circumstances warrant an exception.

Although the OGH acknowledged the extensive powers of intervention, it maintained that adequate legal safeguards are in place: Searches of premises must be authorised by a court order, which delineates the scope of the investigation and satisfies Constitutional Court standards. Consequently, the ruling affirms that antitrust-related searches allow comprehensive access to data within clearly defined investigative boundaries.

OGH 16 October 2025 (26 January 2026)