Unfair competition law in Germany

The law against unfair competition is intended to ensure free competition between the market participants. Pursuant to the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG), unfair commercial practices are inadmissible if they are capable of having a significantly detrimental effect on the interests of competitors, consumers or other market participants. As one of the core areas of German unfair competition law, we advise clients from various industries regarding all fair trading law issues.

Legal advice on unfair competition law

We will support you in particular regarding the defence in and out of court against third-party challenges concerning (alleged) unfair competition law infringements and will work together with you to analyse such incidents and to pragmatically implement improvements to avoid such infringements for the future.

To avoid unfair competition law infringements by your company, we also offer comprehensive compliance advice designed to conserve your creative freedom of action required to achieve your economic targets while protecting you and your business activities from challenges by competitors or third parties.

For example, we review your (envisaged) projects or individual measures (e.g. advertising campaigns, business practice, product design and market launch, marketing project, marketing campaign, internet presence) to detect any infringements of the UWG or other related industry-specific laws such as

the German Telecommunication Media Act (Telemediengesetz, TMG),
the German Act on the Advertising of Medicinal Products (Heilmittelwerbegesetz, HWG),
provisions of the German Medicinal Products Act (Arzneimittelgesetz, AMG) and/or the German Medical Devices Act (Medizinproduktegesetz, MPG) and/or the German Pharmacies Act (Apothekengesetz, ApoG),
the German Food and Feed Code (Lebensmittel- und Futtermittelgesetzbuch, LFGB) as well as requirements regarding health claims and labelling.

In case of infringements by competitors, we will develop cost-oriented strategies for you to enforce your claims in and/or out of court (often by way of preliminary injunctions). At the same time, we will advise and support you at each stage of the proceedings in order to achieve a potential settlement with the competitor or third-parties bringing claims against you.

Main areas of advice in unfair competition law

Unfair competition law compliance: Assessment of potentially unfair actions
Advertising clearings strategies
Unfair competition law disputes (both in and out of court)

Contact us

Dr. Tobias Maier, Partner

Rechtsanwalt, Head of Commercial (Germany), Co-Head of International Health and Life Sciences
+49 89 54565 262
E-mail Dr. Tobias Maier

Dr. Alexander Niethammer, LL.M. (UConn), Managing Partner

Rechtsanwalt, Attorney-at-Law (New York), Managing Partner Germany
+49 89 54565 318
E-mail Dr. Alexander Niethammer, LL.M. (UConn)

Axel Zimmermann, Partner

Rechtsanwalt
+49 89 54565 223
E-mail Axel Zimmermann

Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB is a partnership with limited professional liability (Partnerschaftsgesellschaft mit beschränkter Berufshaftung) under German law, with its registered seat in Munich, registered with the partnership register of the Munich District Court under PR 1947 and having its business address at Brienner Straße 12, 80333 München, Germany. Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB is part of a global legal practice consisting of separate and distinct legal entities that operate under the name Eversheds Sutherland and provide legal or other services to clients around the world. Each Eversheds Sutherland entity is a separate legal entity and is not responsible for the acts or omissions of, nor can bind or obligate, another Eversheds Sutherland entity. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.