Competition Law2
We protect you against unfair competition!
The principle of freedom of competition is fundamental since competition drives business. Thus, competition is essentially a good thing.
Rivalry for the same thing. Many pursue the same goal, which is, in your case, to build on your business success.
However, freedom of competition finds its limits when it is abused by other actors.
In Germany, economic competition is regulated by the Law against Unfair Competition (UWG) on the one hand and by the antitrust law (GWB) on the other. This protects the general public and market participants from unfair practices.
Compliance with antitrust law is monitored by the state, while enforcement of the law against unfair competition in Germany is the responsibility of the competitors themselves. This is exactly where we come in to assist and support you in defending yourself against unfair and competition-distorting acts such as misleading advertising or disparagement.
Very recently, and only two years after the last UWG reform, changes to the UWG adopted on 11 June 2021 will come into force on 28 May 2022 and pose significant changes relevant to practice. In particular, changes were made which were necessary due to current case law due to, among others, so-called “influencer marketing”, misleading regulations and new so-called “black clauses” (black list). In addition, an unprecedented separate compensation claim for consumers has been included.
The labelling requirements for “influencer advertising” are particularly complex and have been occupying the courts for some time and will continue to do so. Even the Federal Supreme Court has already ruled on this in several of its decisions. The legislator therefore had to act and created a new labelling obligation for advertising with §5a Section 4 UWG as amended.
Overall, the legal situation in competition law is becoming increasingly confusing for many companies. But do not worry! We have a comprehensive overview and can navigate you safely through the maze that is competition law.
We have the tools to assert claims to cease and desist, for elimination and damages against infringing competitors and are able to preserve your success in the long term. You can rely on us.
Do not hesitate to contact us. We are happy to help you.
