Practice areas
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Competition & Antitrust Law

Companies need fair rules of the game. We assist with competition-law questions, antitrust reviews and merger control. Our goal: to minimise risk, secure room for manoeuvre and make markets legally secure – so that your business can grow successfully in a clear environment. We tell you frankly how we assess your matter and give you an estimate of the costs.

We protect your market position – against unfair competitors and equally against unfounded allegations.

Competition and antitrust law determine how a business may present itself on the market. The Unfair Competition Act (UWG) governs the relationship with competitors and consumers, while the Cartel Act (KartG) and the Competition Act govern the structure of the market itself. We advise preventively – before a campaign runs or a merger is implemented – and represent reactively when conflict arises.

Our services in unfair competition law (UWG)

  • Preventive review: advertising claims, price indications, prize competitions, discount campaigns and online presences before publication – including environmental and sustainability advertising, where the EU rules against greenwashing tighten the standards considerably.
  • Cease-and-desist letters and defence: drafting and reviewing cease-and-desist declarations, resisting excessive demands.
  • Preliminary injunctions: applying for and defending against them – this is where the practical decision falls.
  • Misleading and aggressive practices: claims under §§ 1, 1a and 2 UWG, including the “blacklist” cases.
  • Comparative advertising, denigration, misuse of signs: §§ 2a, 7 and 9 UWG.
  • Trade secrets: protection concepts, action where confidential information leaks, claims against former employees and competitors.

Our services in antitrust law

  • Cartel prohibition and compliance: review of distribution, supply and cooperation agreements, internal policies and training to avoid price fixing and market or customer allocation.
  • Market dominance: assessment of market position, advice on abuse risks in pricing, refusal to supply and rebate systems.
  • Merger control: threshold assessment, market definition, notification to the Federal Competition Authority, guidance through in-depth review, negotiation of remedies.
  • Representation in proceedings: before the Federal Competition Authority and the Cartel Court, including dawn raids and requests for information.
  • Antitrust damages: enforcing claims of affected customers or defending against such actions.

Why speed is decisive here

Competition disputes are decided in practice in interim proceedings: a preliminary injunction can issue within days and stop a campaign, a packaging design or an entire distribution channel long before the main action is decided. Anyone receiving a cease-and-desist letter often has only a few days. The same applies in reverse: those affected lose their advantage by waiting. We work to short timescales in these cases and say plainly when a matter has no prospects.

Jurisdiction in Austria

Unfair competition matters fall to the commercial courts, or the regional courts sitting in commercial matters – for Salzburg, the Regional Court of Salzburg. Antitrust proceedings are conducted exclusively by the Cartel Court at the Higher Regional Court of Vienna, with the Federal Competition Authority in Vienna as the investigating body; in cross-border matters the European Commission comes into play. We represent Salzburg businesses in both worlds and coordinate with foreign counsel where required.

Review first, publish second

The most effective competition-law advice is the advice taken before the campaign. A brief review of advertising claims, price indications and comparisons costs a fraction of a preliminary injunction and a product recall. Send us your plans before they go live.

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Frequently asked questions

I have received a cease-and-desist letter – what should I do?

I have received a cease-and-desist letter – what should I do?

First: take the deadline seriously, but sign nothing unchecked. A cease-and-desist declaration carries a contractual penalty and often binds for years; it should never be given in the wording presented. We assess whether the allegation is justified, whether the requested declaration goes too far and whether the costs claimed are appropriate – and where necessary formulate a modified declaration.

How quickly do unfair competition proceedings move?

How quickly do unfair competition proceedings move?

Very quickly, because relief is usually sought through interim proceedings: a preliminary injunction can prohibit conduct within days or weeks, without waiting for the main action. For the party affected this creates considerable pressure to act – anyone served with an injunction, or seeking one, should react immediately.

Is comparative advertising permitted?

Is comparative advertising permitted?

In principle yes. § 2a UWG allows it where it is not misleading, compares goods meeting the same needs, contrasts objectively verifiable and material features, does not denigrate the competitor and creates no likelihood of confusion. The limits are narrow and are frequently exceeded in practice. We review advertising before it runs.

When must a merger be notified?

When must a merger be notified?

Where the undertakings concerned reach certain turnover thresholds, the concentration must be notified to the Federal Competition Authority before implementation; above the EU thresholds the European Commission has jurisdiction instead. Since 2021 an additional transaction-value threshold applies to acquisitions with low turnover but a high purchase price. Implementing without notification carries substantial fines – the assessment belongs early in the timetable.

What are the consequences of an antitrust infringement?

What are the consequences of an antitrust infringement?

On application by the Federal Competition Authority, the Cartel Court can impose fines of up to ten per cent of worldwide group turnover. Added to that are civil damages claims by affected customers, reputational harm and possible consequences for eligibility to take part in public procurement. A leniency application can substantially reduce the fine but is time-critical.

May I advertise my product as climate-neutral or eco-friendly?

May I advertise my product as climate-neutral or eco-friendly?

Only with substantiation – and soon under even stricter rules: environmental claims are already measured against the prohibition of misleading practices, and with the implementation of the EU rules against greenwashing, generic claims such as “climate-neutral”, “green” or “eco-friendly” without recognised proof become expressly inadmissible; sustainability labels without a certified scheme are then prohibited as well. Advertising promises about future environmental targets require a verifiable implementation plan. Anyone advertising sustainability should audit every claim for substantiation now – cease-and-desist letters in this field are increasing noticeably.

Last reviewed August 2026

This overview is general in nature and does not replace advice on an individual case. We research carefully; even so, errors cannot be ruled out and the law keeps changing. Binding information is given in a personal consultation.

Questions about competition & antitrust law?

Tell us about your case – we will give you a candid assessment and a clear picture of the cost.

Arrange an initial consultation
+43 662 26033