Business checklist

Review customer solicitation systematically

Organise the approach, existing business relationships, information basis and evidence before assessing a competitor’s conduct.

Targeting a competitor’s customers is not automatically unfair. An assessment under section 1 of the Austrian UWG considers the specific conduct, surrounding circumstances, existing obligations, the origin of the information used and the evidence. The loss of a customer alone does not establish an unfair competition violation.

This checklist deals only with customer approaches between competitors. Employee moves, employment-law non-compete clauses and seller obligations following a business sale are outside its scope.

You can tick off each item. Your progress is stored only in this browser on this device. No answers are sent to the firm.

What the checklist clarifies and what remains open

Section 1 UWG requires an assessment of the specific commercial conduct and its effect on competition. Neither a targeted approach nor the loss of a customer determines the legal result by itself. The evidential picture as a whole matters.

This checklist helps identify events, participants, statements and possible consequences precisely. It does not replace an assessment of possible injunction or damages claims, contractual obligations or trade-secret issues.

This checklist provides general guidance. It does not determine whether the customer approach was unlawful or whether a claim exists. The assessment depends on the specific conduct, surrounding circumstances, contracts and available evidence.