The Construction Cartel
Litigation financing for the enforcement of antitrust damages claims against STRABAG, PORR, SWIETELSKY and others by Law Firm Brand GmbH.
Your compensation
In case of success around 20% of the project costs, plus interest.
No risk
The pursuit of your claims is 100% financed. Only in case of success we receive a commission.
No effort
The entire process is managed for you by LitFin and the renowned law firm Brand Rechtsanwälte GmbH.
The construction cartel
Who is affected?
Due to its distinct organization and geographic scope, the cartel is very likely to have affected almost all major construction projects in Austria during the cartel period. Public and private tenders in particular, but also other construction projects, come into question. According to the Federal Competition Authority, the following projects in particular were under the influence of the cartel to the detriment of customers:
In civil engineering, the following structures are particularly affected:
● Federal roads (freeways and expressways)
● National Roads
● Municipal roads
● Private roads and parking lots
● Bridge structures
● Sewer and pipeline construction
● Earthworks
● Track structures
In building construction, the following buildings, among others, are affected:
● Private office and residential buildings
● Public schools and kindergartens
● Health Centers
● Gas stations
● Power plants
● Cemeteries
● Barracks
● Prison buildings
● Parking lots
It can be assumed that almost all construction projects in these areas have caused damage to the builders.
The cartelists
The Federal Competition Authority is investigating a construction cartel involving over 100 companies and numerous suspects. At least 40 construction companies are said to have been involved in the cartel with varying degrees of intensity. Following the two judgments already published against STRABAG and PORR, decisions on further cartel participants are expected to be issued on a quarterly basis. Thus far, 5 companies and several subsidiaries have admitted their participation in the cartel.
F. Lang u. K. Menhofer Baugesellschaft mbH & Co KG
PORR Bau GmbH
TEERAG-ASDAG GmbH
TEERAG-ASDAG Hochbau Burgenland GmbH
TEERAG-ASDAG Bau GmbH
G. Hinteregger & Söhne Baugesellschaft m.b.H.
WHO IS DAMAGED?
Given the distinct organization and geographic scope, the cartel is very likely to have affected almost all major construction projects in Austria between 2002 and 2017. Primarily public and private tenders, but also other construction projects come into question. According to the Federal Competition Authority, the following projects in particular were under the influence of the cartel, which was detrimental to customers:
In civil engineering, the following structures are particularly affected:
● Federal roads (freeways and expressways)
● National Roads
● Municipal roads
● Private roads and parking lots
● Bridge structures
● Sewer and pipeline construction
● Earthworks
● Track structures
In building construction, the following buildings, among others, are affected:
● Private office and residential buildings
● Public schools and kindergartens
● Health Centers
● Gas stations
● Power plants
● Cemeteries
● Barracks
● Prison buildings
● Parking lots
It can be assumed that almost all construction projects in these areas have caused damage to the builders.
WAS I DAMAGED?
Over 200 affected clients have been named on the decisions of the Cartel Court. Both local authorities and private companies, as well as private individials, are named in the files, but very few are awere of this.
Contact us now and we will tell you if your construction projetc was affected by the cartel. Without obligations and free of charge.
OUR OFFER
LitFin offers injured customers the risk-free and cost-free assertion of their claims for damages against the cartelists by the renowned commercial law firm B-LAW. LitFin assumes all court, lawyer and expert costs and thus bears the entire litigation cost risk. Only in the event of success do we receive a commission for this.
Requirements for involvement
- Construction projects contracted with one or more cartelists since July 2002
- Price of the executed projects totaling a minimum of EUR 500.000
Legal representation will be provided by the experienced litigation team of the renowned law firm B-LAW – Brand Rechtsanwälte, specialized in cases of this kind. They will examine your claims and enforce them in court as well as out of court or in arbitration proceedings. The calculation of the damages is carried out by economists from Allegro Consulting and AILI Consulting. You can learn more about our partners here.
As a participant financed by us, you also bear no risk of litigation costs for the entire prosecution of the claim, i.e., both out-of-court and in the event of enforcement by legal action. There is no need to take out legal expenses’ insurance, as LitFin will finance the prosecution of the claim on your behalf.
THE SUCCESS COMISSION
In the event of success, you will receive the net proceeds achieved less our success commission, which is graded according to the total amount of damages received from the cartelists.
After the registration we ask you to send us an overview of realized construction projects in the cartel period. Based on this data we will make you a concrete offer, which depends on the expenses, as well as on the types of projects and the participating construction companies. Our participation is based on the following table.
COOPERATING ASSOCIATIONS
We offer federations, associations and unions special conditions for their members if they act together. This can result in a reduction of the success commission of up to -2%. Ask your interest group or contact us directly whether a cooperation already exists, and you can benefit from the special conditions.
Expenditure for construction projects
Expenditure for construction projects
Min. 500.000
29%
Over 5 M
28%
Over 10 M
27%
Over 20 M
26%
Over 50 M
25%
Over 100 M
24%
Over 200 M
23%
The amount of damage
The damage caused by the cartel can be immense. A study commissioned by the European Commission concluded that hardcore cartels result in a cartel-related markup of around 20 percent of the final price. Of course, the damage can also be considerably higher.
Since the construction cartel was an established cartel supported by numerous stabilizing measures, it can be assumed that customers suffered considerable damage here as well.
Our offer
LitFin offers injured customers the risk-free and cost-free assertion of their claims for damages against the cartelists by the renowned commercial law firm B-LAW. LitFin assumes all court, lawyer and expert costs and thus bears the entire litigation cost risk. Only in the event of success do we receive a commission for this.
Requirements for involvement
- Construction projects contracted with one or more cartelists since July 2002
- Price of the executed projects totaling a minimum of EUR 500.000
Legal representation will be provided by the experienced litigation team of the renowned law firm B-LAW – Brand Rechtsanwälte, specialized in cases of this kind. They will examine your claims and enforce them in court as well as out of court or in arbitration proceedings. The calculation of the damages is carried out by economists from Allegro Consulting and AILI Consulting. You can learn more about our partners here.
As a participant financed by us, you also bear no risk of litigation costs for the entire prosecution of the claim, i.e., both out-of-court and in the event of enforcement by legal action. There is no need to take out legal expenses’ insurance, as LitFin will finance the prosecution of the claim on your behalf.
THE SUCCESS COMISSION
In the event of success, you will receive the net proceeds achieved less our success commission, which is graded according to the total amount of damages received from the cartelists.
After the registration we ask you to send us an overview of realized construction projects in the cartel period. Based on this data we will make you a concrete offer, which depends on the expenses, as well as on the types of projects and the participating construction companies. Our participation is based on the following table.
| Ausgaben für Bauvorhaben | Erfolgsprovision |
|---|---|
|
Ab € 5 Mio. |
25% |
|
Ab € 20 Mio. |
24% |
|
Ab € 50 Mio. |
23% |
|
Ab € 100 Mio. |
individuell |
If you are interested in risk-free enforcement, please contact us without obligation using the contact form at the bottom of this website. We will then get back to you with further information and, after a thorough case review, a concrete offer.
Successful together.
Your advantages with LitFin
- One of the largest litigation financiers in the EU at your side.
- No lawyer, expert or court fees for you. - LitFin bears all costs.
- No risk, both in terms of costs and the outcome of the proceedings.
- No effort: You send us all the necessary documents and we take care of the rest. You will be kept informed of developments.
- Representation by the renowned business law firm Brand Rechtsanwälte GmbH.
- With strong resources and the best lawyers against STRABAG and PORR.
- Local authorities fulfill their obligation to assert potential claims on behalf of their citizens.
- Common interests: We only earn if you also succeed.
Registration
If you have questions or would like us to assess your claim, please contact us here for a free and non-binding consultation. We will then get back to you by email and are happy to set up a date for a personal call.
Alternatively, you can reach us directly at info@baukartell.at.
We are looking forward to hearing from you.
Frequently asked questions
Anyone who commissioned construction projects from the construction companies involved in the cartel during the cartel period (July 2002 to October 2017) very likely suffered damages. This damage can now be claimed.
The pursuit of a claim does not involve any costs for the injured party. LitFin pays court costs, attorney fees and expert witness fees. We do not receive a commission for this only in the event of success. This means that only when compensation is actually paid out will our success commission be deducted. No success, no money for us!
The amount of compensation you can expect to receive is ultimately negotiated through a settlement or determined by the court. In most cartels, consumers incur damages of about 20% of the final price, which can be recovered, plus interest.
We partner with some of the most reputable economists who use your data to compare your expenses to the prices you would have paid for the projects in a “healthy” market. The difference represents the damage and can be claimed in court.
You will receive all relevant information and documents in writing so that you can decide whether you want to participate. We will make you a concrete offer after reviewing your documents. If you join, you will remain the owner of your claim. This claim will be pursued in or out of court by the lawyers of Brand Rechtsanwälte GmbH. LitFin will bear all costs.
This depends on the type of construction project. In any case, the contract with the construction company and the paid invoices are needed for proof. If the project was awarded through a tender, we would also ask you for the relevant documents regarding this. After registration and an initial meeting, we will inform you in detail about what is necessary for the successful enforcement of your claims.
It is difficult to predict how long it will take, but it is expected that a first instance claim will take at least 1-3 years to receive a decision from a court. Our goal is to reach a settlement agreement with the cartelists. Experience shows that this is much faster and saves costs.
Throughout the proceedings, you will be kept informed of relevant developments in the case.
Of course, every injured party is free to pursue their claim themselves with their personal attorney. However, there are some advantages to proceeding together. Costs are saved, relevant knowledge and data are exchanged, and the negotiating position against the usually well-resourced opposing party in the proceedings is improved. Moreover, if you choose LitFin financing, you do not have to spend money yourself, nor do you have to make use of your legal expenses insurance.
News
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