Competition Law2
We protect you against unfair competition!
Freedom of competition and unfair competition
Competition is basically a good thing – it stimulates the market and businesses.
Rivalry for the same thing. Several people are pursuing the same goal: building on your business success.
Freedom of competition must be restricted where abuse comes into play. The main German legislation in this area is the Act against Unfair Competition (UWG) and the Competition Act (GWB). Their purpose is to protect the public and market participants from unfair commercial practices. The German state monitors non-compliance with the Competition Act (e.g., abuse of dominant position), whereas market participants can take action against unfair commercial practices under the Act against Unfair Competition. We represent your interests in acting against unfair commercial conduct such as misleading advertising or defamation.
Revision of the Act against Unfair Competition (UWG reform)
The previous revision has brought significant changes and came into force on May 28, 2022. One major reason for this revision has been the recent case law so that regulations about “Influencer Marketing” and the “Black Clauses” (Black List) have been added. Consumers will also be able to claim damages under the revised Act.
"Influencer Advertising"
These cases have been occupying the courts for some time. The Federal Court of Justice (BGH) commented on it in several decisions forcing the legislator to act and to put into place several conditions in relation to “Influencer Advertising” under §5a para. 4 of the Act against Unfair Competition (UWG).
Competition law increasingly confusing
Competition law is becoming increasingly confusing for companies. We keep track and navigate you safely through the complex competition law regulations.
We help you to assert claims for injunctive relief and damages against infringing competitors – to secure your success in the long term.
Unser Leistungsspektrum
- Individual advice
- Drafting warning letters
- Amicable settlement with competitors
- Enforcing your claims of injunctive relief and damages in court
FAQs
We will check whether this amounts to an act of unfair commercial practice under the Unfair Competition Act (UWG). A cease-and-desist letter is often the first step before taking legal action. They aim to inform the competitor about his unlawful behaviour, demanding him to cease and desist from this activity – thus providing an opportunity to resolve the issue without going to court. As a rule, a cease-and-desist letter also contains a deadline for compliance, a request for reimbursement of the costs incurred (in particular, attorney’s fees) and, if applicable, removal and claims for damages.
We will check whether this amounts to an act of unfair commercial practice under the Unfair Competition Act (UWG). A cease-and-desist letter is often the first step before taking legal action. They aim to inform the competitor about his unlawful behaviour (in this case misleading advertisement), demanding him to cease and desist from this activity – thus providing an opportunity to resolve the issue without going to court. As a rule, a cease-and-desist letter also contains a deadline for compliance, a request for reimbursement of the costs incurred (in particular, attorney’s fees) and, if applicable, removal and claims for damages.
We will check whether this amounts to an act of unfair commercial practice under the Unfair Competition Act (UWG). A cease-and-desist letter is often the first step before taking legal action. They aim to inform the competitor about his unlawful behaviour, demanding him to cease and desist from this activity – thus providing an opportunity to resolve the issue without going to court. As a rule, a cease-and-desist letter also contains a deadline for compliance, a request for reimbursement of the costs incurred (in particular attorney’s fees) and, if applicable, removal and claims for damages.
We are specialized in IP law and are happy to advise you on all questions concerning unfair competition law.
