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Our experienced competition law team

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)