Review wording, scope and penalty before signing.
Review wording, scope and penalty before signing.
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Contractual penalties in UWG cease-and-desist undertakings: scope
How businesses separate the undertaking, penalty and alleged repetition.
, Mag. Bernhard Brandauer, Rechtsanwalt
A cease-and-desist undertaking binds the party to its exact wording. An agreed penalty requires a separate contractual assessment.
Section 15 UWG and section 1336 ABGB therefore address different questions.
Preserve the draft, warning, challenged advertising and versions.
Section 15 UWG and section 1336 ABGB: injunction and penalty must be reviewed separately.
First orientation
Which contractual penalty appears in a UWG cease-and-desist undertaking?
Organise the undertaking, challenged conduct and records.
This path is a first orientation and does not replace an individual review.
Which contractual penalty appears in a UWG cease-and-desist undertaking?
This path is a first orientation and does not replace an individual review.
First orientation
Preserve original, service, conduct, calculation and communications.
Preserve original, service, conduct, calculation and communications.
Arrange undertaking, alleged repetition and evidence chronologically.
Arrange undertaking, alleged repetition and evidence chronologically.
Legal framework and boundary
Legal framework and boundary
Section 15 UWG concerns an injunction and removal. The penalty is based on an agreement.
Wording and scope
Wording and scope
Compare product, channel, audience, period and the specific obligation.
Preserve the original
Preserve the original
Keep warning, undertaking, annexes, service and later versions.
Roles and approvals
Roles and approvals
Separate business, legal team, agency and recipient.
Response
Response
Injunction, removal and penalty have different points of reference.
Practical review list
Practical review list
Record undertaking, conduct, scope, time, fault and calculation.
Possible classifications
Common questions about contractual penalties and UWG undertakings
Are injunction and penalty the same? +
No. The penalty depends on a separate agreement.
Does every similar advertisement count as repetition? +
That depends on the wording and conduct.
Which records matter? +
Preserve warning, undertaking, service, advertising, calculation and communications.
Further information
Further competition law topics
Topics
UWGUnterlassungVertragsstrafeWettbewerbsrecht
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