Articles and analysis.
Published articles appear here in date order.
False energy figures in Austrian property listings: UWG injunctions
Which energy figures belong in Austrian property listings, when false values may mislead under section 2 UWG, and how competitors assess an injunction.
5 October 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Publishing a judgment under the UWG: when does the losing party pay?
Section 25 UWG allocates publication costs, permits an advance and requires a true-up after publication. Who pays depends on the type of case and the court order.
4 October 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Unlawful commercial notice keeps appearing: a court order to the newspaper publisher under section 21 UWG
Section 21 UWG may allow a court order to a publisher or distributor when a commercial notice continues in print. Check the title requirements and evidence.
3 October 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Tobacco and e-cigarette advertising: bans, specialist trade and sponsorship
Section 11 TNRSG bans advertising and sponsorship for tobacco and e-cigarettes. Review specialist-trade exceptions, warnings and limits.
2 October 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Energy efficiency class in online advertising: state the label class and class range correctly
How advertising for a particular model must state its energy-efficiency class and the available range of label classes.
1 October 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Cartel damages: disclosure of evidence, proportionality and confidentiality
Disclosure applications under sections 37j and 37k of the Austrian Cartel Act: define evidence, assess proportionality and protect confidential information.
30 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Ending cartel proceedings with commitments: binding effect and reopening
How the Cartel Court can make commitments binding under section 27 KartG, the role of market statements and when proceedings must be reopened.
29 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Sponsored AI chatbot answers: disclose the commercial purpose
Review sponsored AI chatbot answers under section 2 subsection 4(2) UWG, disclose the commercial purpose clearly and document answers, instructions and versions.
28 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Buyer benefits and bribery: Competition law consequences under Section 10 UWG
Benefits in a competitor’s purchasing process: assess competitive purpose, unfair preference, standing and criminal-law subsidiarity under Section 10 UWG separately.
27 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Door-to-door advertising after a request to leave: persistent sales approaches
Door-to-door advertising after a request to leave: what item 25 of the UWG Annex covers, which evidence matters and how the contract exception is assessed.
26 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Federal coat of arms in corporate advertising: image or state award?
Federal coat of arms in corporate advertising: distinguish sections 4 and 7 Wappengesetz from the state award under section 68 GewO.
25 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Clearance sale after a flood or fire: notify the announcement before it begins
Announcing a clearance sale after a flood or fire: review the prior notification, goods, location, period and evidence under section 33a UWG.
24 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Dominant undertaking grants a loyalty rebate: exclusionary effect under Article 102 TFEU
Loyalty rebates by dominant undertakings under Article 102 TFEU: exclusivity effects, contestable demand, effective price, evidence and possible justifications.
23 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Online intermediation service suspends merchant account: reasons and complaint route under the P2B Regulation
What applies when an online intermediation service restricts or ends a business user account under Articles 4 and 11 of the P2B Regulation?
22 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Advertising AI-generated performance claims: proof and transparency
How businesses can review, support, approve and correct AI-generated claims about performance, safety and sustainability under section 2 UWG.
21 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Algorithmic price coordination between retailers: competition risk and evidence
How businesses assess algorithmic price coordination between retailers under section 1 of the Austrian Cartel Act, preserve technical evidence and separate the relevant roles.
20 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Advertising market leadership: period, comparison market and evidence
Advertising market leadership: define the period, comparison market, method and evidence under section 2 UWG before publication.
19 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Prize notification asks for a processing fee: prohibited cost trap?
Assess a prize notification with a processing fee: when a cost barrier is unlawful under Annex Z 31 UWG and which evidence matters.
18 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Selective distribution system: dealer selection and competition law limits
How manufacturers can structure selective distribution systems, objective retailer criteria, quality requirements and online sales under competition law.
17 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Live-stream purchase button: commercial purpose, platform design and misleading conduct
A live sale combines creator recommendation, purchase button and sales link. Review commercial purpose, platform design, ad transparency and misleading user journeys.
16 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Direct purchase exhortations to children: spotting prohibited advertising wording
Which purchase commands and instructions to persuade parents make advertising to children unlawful and how businesses can review a campaign before launch.
15 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Test Purchase in Unfair Competition Proceedings: Documenting Evidence Correctly
A test purchase can document an unfair-competition issue. The purpose, lawful sequence, original records and a traceable evidence chain determine its value in proceedings.
14 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Online shop countdown resets: artificial scarcity under the UWG
When a countdown that resets after expiry in an online shop needs to be assessed as a false limited-time claim under Annex Z 7 of the UWG.
13 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Customer counts in advertising: proving “satisfied customers”
How to review customer counts and “10,000 satisfied customers” claims under section 2 UWG, including definitions, periods, methods and evidence.
12 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Bought customer reviews in online shops: what is permitted?
How businesses can assess customer reviews in advertising, avoid fake reviews and document authenticity under Austrian unfair competition law.
11 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Virtual office advertised as a regional branch: misleading location claims under the UWG
When a virtual office appears to be a regional branch and how location claims, registered offices, business profiles and evidence are reviewed under the Austrian UWG.
10 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Climate-neutral advertising: Evidence, offsetting and claim scope
Climate-neutral advertising under Austrian competition law: which evidence, accounting boundaries and offsetting details businesses should review before publication.
9 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Delivery-time advertising: availability and misleading claims under section 2 UWG
When online claims about delivery time, dispatch and product availability may mislead under section 2 UWG, and which evidence retailers should preserve.
8 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Personalised prices in online shops: automated decision-making explained
Personalised prices and dynamic pricing in online shops: when notice of automated decision-making is required and which records businesses should preserve.
7 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
No-poach agreement between employers: recruitment bans and antitrust risk
No-poach agreements between employers can restrict access to labour. Review the Austrian Cartel Act, Article 101 TFEU and practical assessment steps.
6 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Online subscription after a trial: reviewing the button and cancellation route
Online subscriptions in Austria: review the price, order button, renewal and cancellation route under the UWG, FAGG and KSchG.
5 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Telephone advertising to existing customers: consent, withdrawal and UWG risk
Which consent telephone advertising to existing customers requires, how withdrawal works and when an additional UWG risk may arise.
4 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Resale price maintenance: identifying unlawful distribution instructions
How businesses distinguish vertical resale price maintenance, pressure on retailers and genuine recommendations under Austrian and EU competition law.
3 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
“Made in Austria” with final assembly: advertising origin correctly
“Made in Austria” after foreign preproduction: how final assembly, consumer expectation, clarification and an origin file should be assessed under the UWG.
2 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Test results in advertising: source, model and date
Test results in advertising must match the source, model and test date. Learn how to review the scope, currentness and evidence of the claim under the UWG.
1 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Patent advertising in competition: protection, application and limits
How businesses advertise a patent, patent application or protection status and review status, product reference and wording under the UWG.
31 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Vouchers for customer reviews: incentives without a positive-rating condition
How businesses can offer vouchers and other benefits for genuine customer reviews without requiring a positive rating or recommendation.
30 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Health claims in food advertising: evidence and prohibited wording
Health claims in food advertising must be authorised, understandable and scientifically supported. The key checks under Regulation (EC) No 1924/2006.
29 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Cartel damages after price fixing: causation, limitation and passing-on
Cartel damages after price fixing: understand causation, damages estimation, limitation and passing-on of the overcharge.
28 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Domain grabbing and unfair competition: registering and redirecting third-party signs
When registering and redirecting a domain containing a third-party sign may be assessed as domain grabbing and unfair obstruction.
27 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Persistent advertising after a clear refusal: when contact becomes unfair
When persistent and unwanted direct marketing after a clear refusal may be unfair under item 26 of the UWG Annex and which records matter.
26 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Price comparison advertising: reference date, basket and evidence
Price comparison advertising in Austria: how reference date, basket, price components and evidence support a claimed advantage under section 2a UWG.
25 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Ambush marketing at sports events: advertising without sponsorship status
Review ambush marketing at sports events: sponsorship impression, trade marks, event names, advertising and evidence under the UWG and Austrian Trade Mark Act.
24 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Direct exhortations to children: reviewing Annex Z 28 UWG
When advertising directly urges children to buy or persuade adults to buy for them, and how businesses should review the message and evidence.
23 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
False limited-time offers: “only today” under the UWG
When “only today” and artificial time pressure may breach item 7 of the UWG Annex and how businesses should review the campaign.
23 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Paid placement in search results: when ranking must be disclosed
When online marketplaces must clearly disclose paid advertising and payments used to obtain a higher ranking in search results.
22 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Hidden advertising and native advertising: clear disclosure duties
When paid editorial-looking content must be recognisable as advertising under Annex Z 11 UWG and how businesses should document approval.
21 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Discount advertising and the 30-day lowest price under section 9a
30-day lowest price under section 9a of the Austrian Price Marking Act: how traders document discount advertising, channels, progressive reductions and price history.
20 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Competitor trade mark as a Google Ads keyword: origin and confusion
Competitor trade mark as a Google Ads keyword: when the advertisement and landing page must make commercial origin clear and which evidence matters.
19 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Customer reviews in advertising: authenticity and evidence
How businesses can assess customer reviews in advertising, avoid fake reviews and document authenticity under Austrian unfair competition law.
18 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Comparative advertising in Austria: legal criteria, evidence and litigation risk
How to prepare comparative advertising under section 2a UWG in Austria: benchmark, evidence, overall impression, competitor and litigation risks.
17 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Unfair payment demands: the black list and the UWG
How businesses should review payment demands, invoices and forms for prohibited commercial practices under the UWG and preserve evidence.
16 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Advertising self-evident features: limits under the UWG
Why advertising features that are legally required or already inherent may mislead and how businesses should review the exact claim.
15 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Contractual penalties in UWG cease-and-desist undertakings: scope
How businesses separate the undertaking, penalty and alleged repetition.
14 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Advertising business authorisation: reviewing status under the UWG
How businesses evidence statements about qualification, status and authorisation in advertising.
13 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Preselected add-ons in online shops: reviewing the UWG and FAGG
How businesses review preselected add-ons, consent and checkout flow under the UWG and FAGG.
12 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Multiple parties responsible for competition loss: section 17 UWG
How section 17 UWG addresses several persons responsible for competition loss and why each role must be assessed separately.
11 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Section 14a UWG: requesting user information for enforcement
The narrow conditions under which section 14a UWG allows information about user and contact data in unfair-practice cases.
10 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Geographical origin claims in advertising: documenting origin properly
How businesses should review and document geographical origin claims for goods and services under section 8 UWG.
9 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Newspaper recommendations presented as advertising: assessing section 3 UWG
How businesses can assess a false newspaper statement that appears to be an editorial recommendation under section 3 UWG.
8 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Aggressive commercial practices: reviewing pressure and influence
When harassment, coercion or undue influence may make a commercial practice aggressive and which facts matter to the review.
7 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Proving factual advertising claims: Section 1(5) UWG
Section 1(5) UWG allows the court, where the statutory conditions are met, to allocate proof of factual claims to the business. Measurable, comparative or otherwise verif.
6 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Employee conduct and employer liability under Section 18 UWG
Section 18 UWG addresses responsibility for certain unfair-competition conduct by persons working in a business. Companies should be able to show which advertising materi.
5 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Damages after unfair competition: Section 16 UWG
Section 16 UWG addresses damages where the statutory requirements are met and can include lost profit. A viable injunction claim does not automatically establish the amou.
4 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Interim injunctions in unfair-competition cases: Section 24 UWG
Section 24 UWG provides a specific protective instrument for injunction claims under the UWG. It does not replace a sound factual record or the need to define precisely w.
3 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Who may seek an injunction for unfair competition? Section 14 UWG
Section 14 UWG identifies which persons and associations may pursue an injunction. The review therefore starts not only with the conduct itself, but also with the claiman.
2 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Employee poaching: When targeted obstruction becomes unfair
When employee poaching turns into targeted obstruction under section 1 UWG and which statements, evidence and circumstances support the fair competition review.
1 August 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Email advertising and newsletters: Consent and existing customers
When email advertising and newsletters comply with section 174 of the Austrian Telecommunications Act 2021 and how consent, existing customers, ECG list and unsubscribe interact.
31 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Reviewing green claims: Environmental advertising needs reliable evidence
How businesses review green claims before release, organise reference point, metric, baseline and evidence, and separate reduction from compensation cleanly.
30 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Disclosing influencer advertising: Duties for businesses and creators
How businesses and creators disclose influencer posts under section 26 MedienG and section 2 UWG through clear labelling, approval and documentation.
29 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Recommended prices and strikethrough pricing: When comparisons mislead
When recommended-price comparisons, strikethrough prices and announced reductions comply with section 9a PrAG and section 2 UWG, and which records make the advertising defensible.
28 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Bait advertising and product availability under the UWG
When limited availability may become bait advertising and how stock, campaign reach, duration and switching to another product should be reviewed.
27 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Limitation of injunction claims under section 20 UWG
How section 20 UWG limits injunction claims and why knowledge, the violation, a continuing condition and court action require separate review.
26 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Free advertising and additional charges under the UWG
When a free claim with additional charges may breach the UWG and how mandatory fees, delivery, options and the order path should be reviewed.
25 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Quality seals and certificates in advertising under the UWG
When quality seals and certificates comply with the UWG and how permission, testing scope, validity and evidence should be reviewed.
24 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Market leader and number one advertising under section 2 UWG
When market leader, number one or largest provider claims comply with section 2 UWG and how market, metric, period and evidence are reviewed.
23 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Product imitation in competition: when section 1 UWG protects
When product imitation may be unfair under section 1 UWG despite no specific IP right, and how design, market presence and evidence are assessed.
22 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Confusing business designation: reviewing section 9 UWG
When section 9 UWG protects names, company names and business designations against confusing use and which evidence businesses need.
21 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
UWG cease and desist letter from a competitor or association: how to respond
How a business should review a UWG letter from a competitor or association, the allegation, evidence and a requested cease and desist undertaking.
20 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Disparaging statements about competitors: reviewing section 7 UWG
When disparaging factual statements by a competitor fall under section 7 UWG and how businesses can assess evidence, claims and responses.
19 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Publication of a judgment under section 25 UWG: interest and scope
When section 25 UWG permits publication of a judgment and how legitimate interest, medium and scope are assessed in competition proceedings.
18 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
Approaching a competitor’s customers under Austrian unfair competition law
When directly approaching a competitor’s customers may be unfair under section 1 UWG and which facts and evidence matter.
15 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
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