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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.
, Mag. Bernhard Brandauer, Rechtsanwalt
Under section 17 UWG, several persons may be responsible for loss caused by an unfair competition infringement. This does not mean that every participant is automatically liable in the same way. Conduct, contribution, fault and causation must be established separately.
A campaign may involve a client, an agency, a media intermediary and individuals who approved or distributed the material. The relevant questions are who gave instructions, which data and versions were used and who actually caused or circulated the challenged statement.
The assessment should therefore contain a role matrix. It separates each participant, conduct, knowledge, evidence and possible effect. This article focuses on attribution and does not replace the separate requirements for damages under section 16 UWG.
§ 17 UWG: The facts require a case-specific assessment.
Initial orientation
Which review fits § 17 UWG?
The short review path classifies the typical situation under § 17 UWG and leads to a practical documentation step.
§ 17 UWG requires a concrete assessment of the facts.
What is the focus of the review under § 17 UWG?
§ 17 UWG requires a concrete assessment of the facts.
Initial orientation
What is the focus of the review under § 17 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
Under section 17 UWG, several persons may be responsible for loss caused by an unfair competition infringement. This does not mean that every participant is automatically liable in the same way. Conduct, contribution, fault and causation must be established separately.
Structure the claim, audience, approvals and evidence before launch.
Facts that matter most
Facts that matter most
A campaign may involve a client, an agency, a media intermediary and individuals who approved or distributed the material. The relevant questions are who gave instructions, which data and versions were used and who actually caused or circulated the challenged statement.
Preserve the original, period, reach and response.
Organising documents and approval
Organising documents and approval
The assessment should therefore contain a role matrix. It separates each participant, conduct, knowledge, evidence and possible effect. This article focuses on attribution and does not replace the separate requirements for damages under section 16 UWG.
Prepare a file separating participants, conduct, evidence and the intended next step.
Common assumptions to avoid
Common assumptions to avoid
Under section 17 UWG, several persons may be responsible for loss caused by an unfair competition infringement. This does not mean that every participant is automatically liable in the same way. Conduct, contribution, fault and causation must be established separately.
Structure the claim, audience, approvals and evidence before launch.
Practical next steps
Practical next steps
A campaign may involve a client, an agency, a media intermediary and individuals who approved or distributed the material. The relevant questions are who gave instructions, which data and versions were used and who actually caused or circulated the challenged statement.
Preserve the original, period, reach and response.
FAQ
Common questions on § 17 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
§ 17 UWGCompetition law
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