Trade Association Backs VKI Lawsuit โAgainst Temu, Cites “Dark โPatterns” โand Unfair โขCompetition
Vienna, Austria – The Austrian trade โassociation, represented โbyโ Managing Director Rainer Will, has welcomed the lawsuit filed by the verbraucherschutzvereinigung (VKI – Consumer Protection Association) against online โขmarketplace temu. The legal action, brought before the Vienna Commerce Court, alleges violations of both the Austrian Law against Unfair Competition (UWG) and the EU Digital Services Act (DSA).
Will described โthe lawsuit as a necessary “Action ExtraSchorge” against what he termed one of the world’s largest online retailersโค of โขlow-cost goods. The core of the โcomplaint focuses on Temu’s โฃalleged useโฃ of “manipulative design patterns” – ofen referred toโ as “Dark Patterns” – intended to encourageโ impulsive purchases andโฃ the โคreleaseโข of user data.
According to data cited by the trade association from the “E-Commerce-Marktโข Austria 2025” report by โECDB, โTemu hasโค rapidly become the fourth largest eCommerceโฃ marketplace in Austria, generating over โฌ340 million in revenue since its entry into the Austrian market in โข2023. Will asserted this growthโฃ was fueled by unfair practices,initially highlighted by a UWG complaint filed by the tradeโฃ association 14 months prior.
Theโ association also points toโฃ a broader issue of inconsistent enforcement of EU regulations,โ despite Temu being designated aโ “Very Large Online Platform” under the Digital Services Act, subjecting it to increasedโ scrutiny. They argue the โcurrent EU โฃlegalโ framework inadequately addresses theโข responsibilitiesโค of online marketplaces regarding goods sold by third-party vendors.
This lawsuit follows a UWG complaint filed โฃby the tradeโข association with the Federal Competition Authority (BWB) in September 2024, alleging misleading claims regarding:
* Limited-time offer availability
* Price reductions
* Product scarcity
Willโ confirmed that the โฃinitial UWG complaint had already โขyielded some results, with Temu reportedly ceasing some of the challenged behaviors. Though, โคhe emphasized the continued presence of violations, making theโ VKI’s lawsuitโ a crucial step towards ensuring fair competitionโ and holding Temu accountable. “Even โฃlarge marketplaces suchโ as Temu are not above the law!” he stated.
Furthermore, the trade association advocates forโ Temu, and similar โคplatforms, โto be considered a “deemed importer” โresponsible forโฃ ensuring compliance with fiscal regulations, including the accurate calculation and payment of import sales tax and customs duties.
More details on this topic can be found in โthe trade association’s HV-ECOMMERCE Dossier: https://www.handelsverband.at/fileadmin/content/Presse_Publikationen/Leitfaeden_Whitepaper/2025-06-24_Dossier_Anti-Ultra-Fast-Fashion-Gesetz_final.pdf
(OTS original text press release with the exclusive in terms of content of the sender โ- www.ots.at | HVB)
