Mag. Balazs Esztegar LL.M.
Attorney-at-law Vienna

Piaristengasse 41/10
1080 Vienna, Austria
Tel. +43 1 997 4102
Fax +43 1 997 4102-99

Competition Law

A person finding himself or herself in competition will struggle frequently with all means, which are not always entirely permissible. The Act against Unfair Competition (UWG) recognises a number of unfair business practices, which the entrepreneurs should better avoid in spite of all hardness in the competition struggle.

Competition law (called also fairness law) is highly casuistic and characterised by a comprehensive case law, since it is always the specific behaviour in the certain case and the consequences thereof impacting the situation of competition, which do matter. In the Schedule to the Competition Act several aggressive or defrauding business practices are listed which are categorised by the Act as unfair in each case.

In the event of infringement the competitor affected adversely thereby may have several claims in accordance with the Competition Act: he or she may claim discontinuance, in certain fields even indemnity and the publication of the judgment and he or she may enforce this, at his or her own option, via an out-of-court call (demand letter in accordance with the UWG) or in the judicial way with the help of a statement of claim due to the infringement of competition law. Since competition law claims must be, in general, enforced quickly in order to keep as low as possible the own financial disadvantage derived from the unfair conduct of the competitor, also an interim injunction will be allowed.