01
Advertising and publication
Preserve complete screenshots, the page address, date, time and visible context. For an ongoing campaign, retain available variants, audience information and advertising material.
Competition law for businesses
Injunctions and interim relief under Austrian competition law.
When conduct is ongoing, the strongest allegation is not the best starting point. The decisive issues are the exact act, reliable evidence and a protective purpose that fits the alleged violation.
An interim injunction may provisionally stop an alleged competition violation before the main proceedings are concluded. It is not a general tool against unwelcome competition. The first questions are which exact conduct is challenged under the UWG, who may assert the injunction claim and how the alleged violation can be supported by evidence.
For the protection of injunction claims identified in the UWG, section 24 UWG contains a specific rule. An interim injunction may be granted even if the requirements of section 381 EO are not met. This does not replace examination of the asserted claim or the need for an application tailored to the exact conduct.
This focus page therefore addresses three questions. What should a business preserve immediately? Why can prompt but orderly action matter? How can the requested interim protection remain limited to the actual competition dispute?
Evidence first
What should be preserved without alteration.
The record should later show what happened, when, where and in relation to whom. Edited excerpts or files assembled after the event often do not provide the same clarity.
02
Original files and metadata
Keep files in their original format. Record who preserved them and when. Add markings or compression only to working copies, not to the original evidence.
03
Communications and market context
Emails, messages, offers and customer contacts may explain the context. Preserve the full exchange rather than a single passage that appears incriminating.
04
Continuation and repetition
Record whether the conduct remains accessible, has been repeated or appears in relation to further market participants. Separate assumptions clearly from observed facts.
Legal framework
The injunction claim and its interim protection are distinct.
The injunction claim defines which conduct should cease. Interim relief is intended to preserve that claim during the proceedings. Both must remain connected to the same alleged core violation.
Claim
The alleged UWG violation must be assessed by reference to the exact statement or act, its market context and the role of the parties. Economic harm alone does not automatically establish an injunction claim.
Protection
The application must identify which conduct should be prevented on an interim basis. Section 24 UWG facilitates protection but promises neither an order nor a particular timetable.
Scope
The requested prohibition should cover the core of the alleged violation without also prohibiting lawful conduct in general. Wording, medium and the market addressed may be material.
Proceed systematically
From the first record to a limited protective purpose.
A sound application is not built on a single screenshot. Facts, claim and protective purpose should point in the same direction.
- 01
Identify the conduct
Which statement, publication, approach or use is to be assessed? The challenged core should be capable of a precise description without exaggeration. - 02
Organise the chain of evidence
Originals, location, timing, participants and later access are recorded chronologically. Gaps and facts known only indirectly are marked as such. - 03
Examine standing
Who may bring the claim requires separate examination. Section 14 UWG refers in particular to competitors and, under defined conditions, certain associations. - 04
Define the protective purpose
The interim prohibition sought is aligned with the alleged core violation. Potential lawful variants and practical enforceability should be considered at the same time.
Urgency
Act promptly without damaging the evidence.
This page deliberately gives no fixed deadline. How promptly a business should act depends on whether a campaign is continuing, content can be changed, customer contact is ongoing or confidential information is being passed on. Waiting may make effective protection more difficult. Unverified public allegations or rushed correspondence may instead intensify the dispute and weaken the business position.
A short and documented initial phase is often sensible. Originals are preserved, internal responsibility is assigned and further changes are logged. Only then can it be assessed whether a formal request, an application for interim relief or another step fits the facts. No particular outcome or duration of proceedings can be inferred from this process.
Protective purpose
The interim prohibition must fit the core violation.
The protective purpose is to keep the asserted injunction claim effective on an interim basis. The application should therefore neither fall short of the concrete risk nor extend to lawful competition in general. For an advertising claim, the precise overall impression may be decisive. For customer contact, the audience, means of communication and information used may define the core. Trade secret disputes are subject to additional requirements and specific protective rules.
Where trade secrets are concerned, section 26i UWG may be relevant. It addresses interim measures within that specific claim framework, including preservation of evidence. Whether information qualifies as a trade secret, whether use was unlawful and which protection is appropriate must be assessed by reference to the exact information and the confidentiality measures in place.
Procedural boundary
Interim protection does not replace the main proceedings.
An interim injunction is a provisional protective decision. It does not automatically determine every issue in the main proceedings and it does not award damages. Any causal loss, lost profit or other remedy must be examined and documented separately.
Publication of a court judgment is also not a substitute for an unauthorised public warning. Section 25 UWG links publication to an application, success in the proceedings and a legitimate interest. Public allegations against named businesses should therefore not be used in place of an orderly legal process.
Clear limits
What this focus page does not promise.
No general interim relief guide
This page addresses only the protection of injunction claims in a concrete UWG matter. Other proceedings and causes of action require separate examination.
No success promise
Whether interim relief is granted depends on the claim, facts, evidence, standing and requested scope in the individual case.
No fixed timetable
No filing deadline is invented and no judicial processing time is promised. Where conduct is continuing, prompt legal review may still be sensible.
No damages calculation
Damages are a separate remedy. This page calculates neither loss nor lost profit and does not replace examination of the evidence.
FAQ
Suitable further guidance on UWG injunctions.
Where is a possible economic loss addressed in more detail? +
The damages for competition violations topic separately covers the type of loss, causation and documentation.
Where can I find concise explanations of the terms used? +
The competition law glossary explains injunction claims, standing and interim relief in concise form.
How can I prepare the specific facts for review? +
The firm’s contact page provides the contact options for a structured initial outline of the matter.
Further orientation
Terms and next steps.
Competition law glossary
Concise explanations of injunction claims, standing, interim relief and other relevant terms.
Open the glossaryTopics overview
The overview separates concrete dispute routes from general UWG explanations and shows the defined scope of this portal.
View topicsDiscuss the facts systematically
For an initial review, a concise timeline and an overview of the evidence already preserved are sufficient. Confidential files should be shared only after coordination.
Contact the firmThis page provides general information on Austrian competition law. It does not replace legal advice in an individual case. The claim, evidence, standing and scope of any protective measure depend on the specific facts.
Is the alleged competition violation continuing?
Preserve the originals and give us a concise description of the exact conduct. We will clarify which records are needed and whether an injunction request or another step fits the case.