Lawyer for competition law

mdrei is a law firm specializing in intellectual property law

We can advise you on all questions of competition law:

We are your partner in all matters of competition law

Benefit from the experience of hundreds of competition disputes

Short and sweet:
The Competition law protects competitors, consumers and the general public from unfair business practices. A specialized Lawyer for competition law advises you on issues such as misleading advertising, unfair competition and warning letters - and helps you to enforce your rights quickly and effectively.

Why should you contact us?
Our law firm offers you over 11 years of experience in competition law. We provide you with consistent support in the defense against unfair competition practices, the enforcement of your claims and the legally compliant design of marketing and advertising measures. Benefit from our expertise - from free initial advice to representation in court or out of court. Give us a call or send us your warning letter - we will help you to ensure fair competition1

Introduction to competition law

In a free market economy, competition is subject to certain rules of the game, which are set out in the Competition law are defined. This right essentially consists of the Fair trading law (regulated, for example, by the Act against Unfair Competition - UWG) and the Antitrust law (regulated in the Act against Restraints of Competition - GWB). While antitrust law protects free competition as an institution and aims to prevent monopolies and agreements that restrict competition, fair competition law ensures that competition is fair and transparent.

Companies and entrepreneurs must adhere to these rules - otherwise there is a risk of warnings, injunctions and, in the worst case, high claims for damages. Whether it is misleading advertising, comparative advertising, unfair competitor attacks or breaches of market conduct rules - competition law forms the legal framework that ensures a fair market.

What is competition law and why is it important?

Definition and scope of duties

Competition law regulates commercial transactions and sets binding rules for behavior in the market. It protects:

Competitor: Against unfair competitive practices, such as misleading advertising or unfair comparison and disparagement measures.
Consumers: From unobjective influence and misleading statements that can distort their purchasing decisions.
The general public: From market-distorting actions that jeopardize free and fair competition.

Specifically, competition law includes:

Unfair competition law (UWG): Protects market participants from unfair business practices and defines which advertising measures are permissible.
Antitrust law (GWB): Prevents agreements that restrict competition and the abuse of dominant market positions.

Relevant areas and interfaces

Competition law is closely linked to other areas of law such as:

Advertising law and marketing law: This is about the legally compliant design of advertising measures and the defense against warnings due to unfair advertising.
Trademark and brand law: In particular in the supplementary protection of performance under competition law, for example if there is an imitation of trademarks or signs.
Food and drug advertising law: Special regulations to ensure consumer protection in these sensitive areas.

Key issues and challenges in competition law

Misleading and comparative advertising

Misleading advertising: Inadmissible if it contains false or misleading information about products, prices, services or company characteristics. This also includes omissions where material information is withheld.
Comparative advertising: May be permissible in principle, but must remain objective, verifiable and fair. Exaggerated or disparaging comparisons that damage the reputation of a competitor are inadmissible.

Unfair business practices and warnings

Unfair business practices can take many forms, including

Disparagement, denigration or targeted obstruction of competitors
Abuse of market conduct rules (e.g. by violating consumer protection regulations)
Aggressive sales and advertising methods that unduly interfere with consumers' freedom of choice

If you have a Warning for unfair competition, it is essential to act quickly. As a rule, the warning letter demands the immediate cessation of the objectionable conduct and the submission of a cease-and-desist declaration with a penalty clause. Failure to react in good time can lead to injunctions and considerable legal costs.

Challenges in the digital age

The new digital forms of advertising and online retail present additional challenges:

Social media, online stores and digital marketplaces require constant monitoring to ensure that the advertising measures used comply with legal requirements.
Unfair competition on the Internet is often characterized by particularly rapid and widespread effects - which is why it is crucial to secure evidence and react quickly.

We are committed to fair competition. For blunt mass warnings, please look for someone else.
An experienced Specialist lawyer knows the tricks of the trade when it comes to warning letters and, in particular, preliminary injunctions. We advise both Clients whose rights are restricted by competitors as well as Warned party.
However, please never sign the form provided by the warning letter. Cease and desist declaration. Help from a specialized lawyer for competition law saves a lot of money! A well-formulated modified cease-and-desist declaration only promises the warning letter issuer exactly as much as is legally required.
As Specialist law firm we are specialized in warning letters and provide expert advice on the question of whether it makes sense to take a Modified cease-and-desist declaration to hand in.

Deadlines in warnings are necessary to avoid expensive legal disputes. absolutely to note.

Procedure and contents of a warning letter under competition law

A warning letter under competition law informs the affected party of an alleged infringement of the law and requests that they cease the offending behavior immediately. Essential elements of such a warning are

Description of the facts: Detailed description of the extent to which an unfair act has been committed.
Legal opinion: Explanation of which legal provisions (e.g. Sections 3-7 UWG) have been violated.
Claims: Request to cease and desist immediately, to submit a cease and desist declaration with penalty clause and, if applicable, to pay damages or to pay the lawyer's fees.
Deadline: Short deadlines (often 8 to 15 days) to respond, after which there is a threat of further legal action.

An experienced competition lawyer will check the legality of the warning letter and help you to defend yourself against unjustified or exaggerated claims.

Our legal services in competition law

Our specialized lawyers advise and represent you comprehensively in all areas of competition law. Our services include

Advice and representation:
- Support in the examination and defense of warning letters under competition law
- Enforcement of claims for injunctive relief, disclosure and damages
- Advice on the legally compliant design of advertising measures (print, TV, online, social media)
- Representation in litigation matters, including interim injunctions and protective letters
Specialized initial consultation:
- We offer our initial advice on competition law at transparent fixed prices - for example, for entrepreneurs at € 250.00 plus VAT (which will be offset against any further assignment).
- Your first telephone contact is of course free of charge.
Strategic consulting:
- Development of negotiation strategies and litigation tactics to enforce your rights quickly and effectively
- Support in preserving evidence and reacting quickly to competition law infringements
- Support for advertising campaigns, taking into account all competition law requirements
Special cases and interdisciplinary advice:
- Advice on interfaces between competition law, trademark law, trademark law, food and drug advertising law
- Support with cross-border and European competition law issues

Practical recommendations for emergencies

What should you do if you receive a warning letter?

Do not ignore it: Respond immediately and observe the deadline set in the warning letter for submitting a cease-and-desist declaration.
Examination of the facts: Have a specialized competition lawyer check whether the accusation is correct.
Documentation and preservation of evidence: Collect all relevant documents and evidence relating to the facts of the case.
Rebuttal: Have a letter of reply drafted by a lawyer to fend off or relativize unjustified claims.
Deadline extension: If necessary, your lawyer can request an extension of the deadline in order to examine the matter thoroughly.

Preventive measures

Legally compliant advertising: Always design your marketing and advertising measures in compliance with the legal requirements.
Regular review: Have your online presence and advertising campaigns checked regularly to ensure that they do not violate competition law.
Obtain advice: Take advantage of our free initial consultation to minimize potential warning risks in advance.

Challenges and current developments in competition law

The dynamics of competition and digitalization are constantly presenting companies with new challenges:

Digitization: Online marketing, social media and e-commerce require a continuous review of advertising measures.
New market practices: Innovative business models and digital platforms bring with them new legal issues that require specialized advice.
Inconsistent case law: The complexity and diversity of competition law lead to sometimes inconsistent court decisions - this is where sound expertise is required.

Our law firm will guide you through these challenges - whether out of court or in court, we will enforce your claims quickly and effectively.

Conclusion

Competition law forms the legal framework for a fair and transparent market. A specialist lawyer for competition law will help you to protect yourself against unfair business practices, fend off warning letters and enforce your rights. Whether it's designing your advertising in a legally compliant manner or defending yourself against unjustified warnings - proactive and expert advice is the key to success.

Rely on our many years of expertise and our practice-oriented solutions to ensure your long-term competitiveness. Contact us today - our team will provide you with a free initial consultation and comprehensive support.

Lawyer for competition law