Our services:
We represent and advise you comprehensively in all legal matters of unfair competition law as one of our absolute core competencies and offer you in particular
- Advice on the permissibility of advertising and sales measures
- Examination of critical facts for violations of the Unfair Competition Act (UWG)
- Checking advertising measures, business practices or other potentially unfair actions by competitors
- Asserting your rights in the event of immoral imitation of your own services and product piracy
- Warning of unfair behavior by competitors
- Representation in quickly obtaining legal protection by means of preliminary injunctions and their enforcement
- Defense against claims directed against your company
Your contact persons:
- What is fair trading law and where is it regulated?
- What protection does the UWG offer?
- What is the penalty for violating the UWG?
- How we can support you in the context of the UWG
- Examples of unfair competition
What is fair trading law and where is it regulated?
The purpose of unfair competition law is to protect “fair competition” and thus prevent unfair business practices. Fair trading law is governed by the Federal Act against Unfair Competition (UCA), which has proven to be an extremely effective tool for regulating competition between companies on a daily basis.
What protection does the UWG offer?
The UWG generally prohibits all “unfair acts” that are capable of influencing competition to the detriment of companies to a more than insignificant extent. In the event of infringements of competition law by competitors, the UWG offers entrepreneurs a claim for injunctive relief regardless of fault, which can be enforced by means of an interim injunction in order to obtain legal protection quickly.
What is the penalty for violating the UWG?
If a competitor does not cease his anti-competitive behavior despite a preliminary injunction, he faces a daily execution fine of up to € 100.000,–
How we can support you in the context of the UWG:
On the one hand, when advising you on the permissibility of advertising and sales measures, we venture beyond the limits of what is permissible. We coordinate your advertising measures with you in such a way that your advertising measures are difficult to attack with the greatest possible advertising effect. Of course, we take your risk preferences into account.
On the other hand, we apply a strict standard for you in order to assess potentially unfair actions such as advertising measures or other business practices of competitors. If we come to the conclusion that there has been an infringement, you decide whether you want to leave it at a warning letter with a declaration of commitment for the time being or whether you want to take legal action immediately with an application for an injunction.
Examples of unfair competition:
- It is unlawful under competition law, for example, to use misleading statements in advertising that are ultimately likely to induce market participants to make a purchase decision that they would not otherwise have made.
- Accordingly, it is also possible to prohibit competitors from advertising with unawarded quality certificates or product characteristics that their products do not actually have.
- Action can also be taken if competitors use third-party trademarks and company names to exploit the good reputation of another company for their products.
- However, violations of statutory provisions that are likely to give the unlawful party a competitive advantage over its competitors can also be effectively prosecuted under the Unfair Competition Act (case group: competitive advantage through breach of law).
- Furthermore, it is unfair to impair the freedom of choice of customers by exerting psychological pressure to buy in such a way that it is difficult for them to avoid concluding a transaction. Direct invitations to children to buy products are also unfair. The list of these examples could be extended almost indefinitely.
If you believe that a competitor is using unfair means to compete with you, we will be happy to advise you on whether and what you can do about it.
Proceedings in unfair competition law can be used as powerful instrument; outstanding legal advice and representation makes the decisive difference.Dr. Bernhard Tonninger, Partner
