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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.
, Mag. Bernhard Brandauer, Rechtsanwalt
Section 3 UWG addresses a specific situation: a false statement in a newspaper may appear to be an editorial recommendation of another business. The assessment therefore focuses on the content, presentation and attribution of the statement.
Review the statement, the alleged recommendation, the publisher or owner of the newspaper and whether the false claim is attributed to the business presented as recommended. Preserve the complete issue, not only a screenshot.
The direction of the claim does not follow from the impression of misleading advertising alone. Separate publication, responsible parties, challenged wording and any existing injunction steps. Section 3 UWG does not replace a case-specific review.
§ 3 UWG: The facts require a case-specific assessment.
Initial orientation
Which review fits § 3 UWG?
The short review path classifies the typical situation under § 3 UWG and leads to a practical documentation step.
§ 3 UWG requires a concrete assessment of the facts.
What is the focus of the review under § 3 UWG?
§ 3 UWG requires a concrete assessment of the facts.
Initial orientation
What is the focus of the review under § 3 UWG?
The concrete measure should be documented without alteration.
Preserve the original, period, reach and response.
The roles and legal objective require separate review.
Prepare a file separating participants, conduct, evidence and the intended next step.
Legal framework and boundaries
Legal framework and boundaries
Section 3 UWG addresses a specific situation: a false statement in a newspaper may appear to be an editorial recommendation of another business. The assessment therefore focuses on the content, presentation and attribution of the statement.
Structure the claim, audience, approvals and evidence before launch.
Facts that matter most
Facts that matter most
Review the statement, the alleged recommendation, the publisher or owner of the newspaper and whether the false claim is attributed to the business presented as recommended. Preserve the complete issue, not only a screenshot.
Preserve the original, period, reach and response.
Organising documents and approval
Organising documents and approval
The direction of the claim does not follow from the impression of misleading advertising alone. Separate publication, responsible parties, challenged wording and any existing injunction steps. Section 3 UWG does not replace a case-specific review.
Prepare a file separating participants, conduct, evidence and the intended next step.
Common assumptions to avoid
Common assumptions to avoid
Section 3 UWG addresses a specific situation: a false statement in a newspaper may appear to be an editorial recommendation of another business. The assessment therefore focuses on the content, presentation and attribution of the statement.
Structure the claim, audience, approvals and evidence before launch.
Practical next steps
Practical next steps
Review the statement, the alleged recommendation, the publisher or owner of the newspaper and whether the false claim is attributed to the business presented as recommended. Preserve the complete issue, not only a screenshot.
Preserve the original, period, reach and response.
FAQ
Common questions on § 3 UWG
Which documents should be preserved first? +
Preserve the original, date, reach and internal approvals.
Is the conduct automatically unlawful? +
No. The communication, market context and evidence need case-specific review.
Can action be taken immediately? +
That depends on the claim, urgency and evidence. Choose the next step from the documents.
Further information
Explore related topics
Topics
§ 3 UWGCompetition law
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