Association for the Protection against Unfair Competition
The Association for the Protection Against Unfair Competition was founded in 1954. It is an important and recognized institution in matters of competition law in Austria and at the European level.
The Association counts numerous interest groups such as chambers and associations as well as their member companies as members. For example, the specialist groups of the Economic Chambers are members of the Association. The Association publishes its member magazine “Recht und Wettbewerb” (Law and Competition) and the “Wettbewerbsfibel” (Competition Primer) at regular intervals.
Function of the Association
The Association for the Protection Against Unfair Competition sees itself as the guardian of fair competition.
The Association takes action against violations of competition, which the Association itself discovers in the course of its activities or which are reported to it by its members. This may involve, for example, misleading advertising measures or the practice of a trade without the necessary trade license.
This usually happens by sending a cease-and-desist letter. If no agreement is reached with the opposing party, the Association also files a lawsuit in court. In this way, competition infringements that have given the infringer an unfair advantage over its competitors are stopped.
The Association is therefore a very useful organization – even if the person who has just received a cease-and-desist letter may not see it that way.
The Association for the Protection Against Unfair Competition
- generally does not charge any costs
- usually requires a cease-and-desist declaration in its most harmless form
- usually only intervenes if there is actually something to complain about.
In contrast to some other associations in this field, the Association is therefore only concerned with the enforcement of fair competition.
Received a Cease-And-Desist Letter?
Anyone who has received a cease-and-desist letter from the Association for the Protection Against Unfair Competition should have it checked in any case – even or especially if the Association is clearly in the right.
If the Association writes to small companies, this usually means that a competitor has reported the legal violation to the Association. The Association would rather not become active in such cases on its own. In these cases, the entire external presentation of the company must therefore be checked in order to avoid the next legal violation being complained about immediately.
If the Association is in the right, special care must be taken to completely eliminate the legal violation. The second step of the Association is in any case less friendly than the first letter.
Finally, the Association can also be mistaken or have overlooked certain aspects. In this case, appropriate evidence must be submitted.
It is not advisable to make contact yourself. Anyone who misjudges their situation must ultimately expect a lawsuit.
Solution
As experienced attorneys in the field of competition law, we not only review the cease-and-desist letter from the Association for the Protection Against Unfair Competition, but also explain how you can implement your goals in compliance with the law.
In cases such as the illegal practice of a profession or misleading advertising measures, we will show you the easiest way to offer and advertise your services in compliance with the law.
