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Austria is witnessing a slowdown of its economy and increased reorganization and restructuring activities – impacting various sectors – while legislative changes introduce a new corporate entity and consider remote court hearings, according to Binder Groesswang Managing Partner Andreas Hable.

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.

During the Three Seas Initiative annual general meeting in Bucharest in September 2023, Austria's Dorda, Bulgaria's Boyanov & Co., Croatia's Divjak Topic Bahtijarevic & Krka, the Czech Republic's Kocian Solc Balastik, Estonia's Ellex Raidla, Hungary's Lakatos Koves & Partners, Latvia's Ellex Klavins, Lithuania's Ellex Valiunas, Poland's Wardynski and Partners, Romania's Nestor Nestor Diculescu Kingston Petersen, Slovakia's Barger Prekop, and Slovenia's Selih & Partnerji announced they formed the Three Seas Legal Alliance, in recognition of the progress made by the Three Seas Initiative.

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.

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.

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 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.

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