Whether the sender is a competitor, a trade association or VKI — an unfair-competition cease-and-desist letter is a serious legal warning. Signing the attached cease-and-desist undertaking unchecked risks economic damage that can multiply the original demand. On business days we respond quickly — within 24 hours at the latest.
Corporate INTL 2026 Unfair Competition Law Firm of the Year — Austria 
Global Law Experts 2025 Unfair Competition Law Firm of the Year — Austria An unfair-competition cease-and-desist letter is usually urgent — but the enclosed cease-and-desist undertaking should never be signed unchecked. We therefore keep the free initial phone call clearly separate from the actual legal review of the cease-and-desist letter. The proper review begins only when you engage us after the initial call.
In the first phone call we clarify together: who is sending the cease-and-desist letter — a competitor, a trade association or VKI? What deadline is running? Which breach is alleged? On that basis we discuss your options.
The call is free and non-binding. Only afterwards do you decide whether to engage us for the further work.
We first check whether the cease-and-desist letter is justified at all. UWG matters are usually time-critical, which is why we act immediately and, as a rule, arrange a meeting with you within 24 hours to clarify factual details and possible counter-arguments. Based on our assessment and strategic recommendation, you decide whether the cease-and-desist letter is to be rejected or whether — where appropriate — a modified cease-and-desist undertaking is given, limited to the conduct actually challenged. The obligation is kept as narrow as possible and your room for future advertising is preserved.
If the other side escalates: representation in preliminary-injunction proceedings at the Vienna Commercial Court and other Austrian regional courts, defence against injunctions as well as against claims in main proceedings including appeals. In any situation we remain open to settlement negotiations in your interest — and whether a settlement also makes commercial sense and should be entered into is something you decide, of course, after detailed advice.
Unfair-competition cease-and-desist letters often arise from everyday marketing decisions. The most frequent triggers from our practice:
Fake reference prices, manipulated reviews, unsubstantiated superlative claims, hidden quantity reductions (shrinkflation), incorrect availability indications or embellished delivery times — misleading practices are the single most common ground for cease-and-desist letters under UWG.
Competitors named or made identifiable — without complying with the UWG requirements for comparative advertising.
Collaborations without proper advertising disclosure. Liability falls not only on the influencer but also on the commissioning company.
Generic sustainability claims, self-certified labels without independent certification, climate-neutral claims without a credible plan — new offences from September 2026.
More on the EmpCo Directive →Breaches of sectoral rules — e.g. medicinal-product or food advertising, pharmacy law or professional rules — can simultaneously constitute an unfair-competition breach. We act for you offensively if a competitor gains an advantage by breaking the rules, and defensively if you are accused of such a breach.
Pick up the phone — we discuss your options immediately. A first assessment costs nothing.
