Comparative advertising
Comparative advertising directly or indirectly identifies a competitor or the competitor’s goods or services. It is not generally prohibited but must comply with the statutory limits.
Glossary
Key terms in competition law.
Ten concise definitions explain common terms in Austrian competition disputes.
C
Competitive conduct
Competitive conduct is behaviour in commercial dealings that can affect competition. Whether the Austrian UWG applies depends on the specific conduct and its market context.
Customer solicitation
Customer solicitation is the targeted approach of a competitor’s customers with the aim of inducing them to switch. It is not automatically unfair; the methods, circumstances and any contractual or secrecy issues matter.
D
Damages
Damages provide financial compensation for proven loss caused by a competition law violation. The claim, fault, causation and amount of loss must be established in the individual case.
I
Injunction claim
An injunction claim seeks to stop specific unlawful competitive conduct or prevent it from occurring. The legal basis, standing and risk of infringement must each be assessed.
Interim injunction
An interim injunction is a provisional court measure that protects a claim before the final decision. In competition law it may be available to secure a specifically identified injunction claim.
M
Misleading statement
A misleading statement is commercial information whose content or presentation is capable of deceiving its audience and influencing a transactional decision.
R
Reasonable secrecy measures
Reasonable secrecy measures are technical, organisational and contractual safeguards suited to preserving secrecy in light of the information’s nature, value and accessibility.
S
Standing
Standing is the entitlement of a person or organisation to bring a particular claim before a court. Under the Austrian UWG it depends on the claim, the party’s position and the statutory conditions.
T
Trade secret
A trade secret is information that is not generally known or readily accessible, has commercial value because it is secret and is protected by reasonable steps to keep it secret.
The legal assessment depends on the specific conduct, its market context and the available evidence.
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