Competition law

Competition stimulates business

So says a German proverb, because their competitors push companies to keep improving their services and products and thus their position in relation to other competitors. However, even among competitors, certain rules of competition must be observed. For example, it is not permitted to damage a competitor's reputation (through disparagement or by spreading untrue statements of fact), to exploit it (for instance by imitating the goods or services offered and/or by deceiving customers about their commercial origin) or even to deliberately obstruct competitors.

Nor is it permitted to advertise existing consumer rights as a special feature (for example, returning a product within 14 days if the customer is not satisfied, since a statutory right of return exists anyway for distance contracts) in order to persuade consumers to buy. The same applies to offering “free gifts” that are not actually free, or to a company giving the impression of selling goods as a private seller in order to avoid its return and withdrawal obligations (not uncommon on online platforms).

The Act against Unfair Competition (UWG) therefore protects not only competitors but, in part, consumers as well. Consumers are protected in particular against misleading advertising, aggressive sales practices, unlawful harassment and disguised advertising.

As a company or as a consumer, you can take action against unfair competition and assert claims for removal, injunctive relief and damages: by means of a lawyer's warning letter, by initiating preliminary injunction proceedings or by filing an action for an injunction or for removal.

Further options

Another significant area of competition law, and therefore of our day-to-day work, is antitrust law. It is intended to guarantee free competition and to protect companies and consumers against, among other things, the abuse of market power. So if you are planning a merger, an equity investment, an extensive cooperation or something similar with another company, it is advisable to have the plan reviewed for compliance with antitrust law. If an infringement only comes to light in the course of official merger control or an official review, it can result in severe penalties.

Feel free to contact our experts on these or other competition law topics and obtain competent advice or representation.

A final note: unjustified (and therefore abusive) warning letters against direct competitors are expressly not our line of work, because we, too, prefer fair competition.

What we do for you

• Advice on unlawful advertising
• Defence against unjustified warning letters from competitors
• Lawyer's warning letters in response to unfair conduct by competitors
• Preliminary injunction proceedings and actions for an injunction and removal
• Claims for removal, injunctive relief and damages
• Protection against damage to your reputation through disparagement or the spreading of untrue statements of fact
• Protection against exploitation through imitation of the goods and services offered or deception about their commercial origin
• Action against the deliberate obstruction of competitors
• Antitrust review of mergers, equity investments and extensive cooperations