Competition Law Attorney
Competition Law
Advertising that stands the test of time. And a defense when things get serious.
Whether it’s a campaign, a store launch, a partnership, or a cease-and-desist letter in your mailbox—competition law determines whether your advertising will stand up to scrutiny.
Who We Work For
Antitrust law affects you sooner than you think
As soon as you offer, advertise, or recommend something, the Unfair Competition Act (UWG) applies to you. It doesn’t matter whether you run a business, launch a collection, or post about a collaboration on Instagram. The only thing that matters is that you’re acting in a commercial capacity.
The downside is that violations aren’t enforced by a government agency, but by competitors and trade associations—quickly, at a cost, and with tight deadlines. If you know the rules, you can avoid all that.
Businesses & Merchants
Advertising claims, promotional offers, sales, and dealing with competitors—these are the areas where most cease-and-desist letters are issued.
Influencer & Creator
Disclosures, partnerships, affiliate links, discount codes. The legal landscape in this area is particularly fluid.
Startups
Launch communications, comparisons with established providers, terms and conditions, and required disclosures—all handled properly from day one.
Agencies
You are responsible for claims and campaigns on behalf of your clients—and, depending on the circumstances, you may also be held liable.
Online-Shops & E-Commerce
Pricing, cancellation policies, delivery times, reviews, platform rules. The classic areas for cease-and-desist letters.
Freelancers & Self-Employed Individuals
Even without being listed in the commercial register, the UWG still applies. Your website, portfolio, and business development efforts must be on point.
Occasion
When You Need a Competition Law Attorney
- You have received a warning letter regarding unfair competition
- You are required to sign a cease-and-desist letter
- You're not sure whether your ad is allowed
- You run an online store and want to ensure you're legally compliant
- A competitor is attacking your company
- You want to take action against a competitor yourself
- You're planning a partnership or campaign
- There is a temporary restraining order against you.
The Classification System
What the UWG Prohibits—The Six Levels
The UWG relies on a general provision in § 3 UWG and, below that, on specific elements of the offense. In practice, almost every case can be classified into one of these six categories. This is the quickest way to answer the question that really interests you: Is this a problem—and how big is it?
Breach of law
Anyone who violates a regulation governing market conduct is also acting unfairly. This includes failing to provide a legal notice and violating labeling or disclosure requirements.
Competitor Protection
Denigration, slander, imitation of competitors' products, and deliberate obstruction. The classic scenario when competition gets personal.
Aggressive Practices
Harassment, coercion, and undue influence. Anything that unduly restricts the customer’s freedom of choice.
Misleading Information
By far the largest category. Misrepresentations regarding price, availability, origin, or characteristics—as well as the omission of essential information.
Comparative Advertising
Comparisons with competitors are allowed—but only under strict conditions. Anyone who violates these conditions will immediately receive a cease-and-desist letter.
Unreasonable Harassment
Advertising without consent: email, WhatsApp, phone. Strict requirements apply here regarding proof and documentation of consent.
Before the campaign goes live—not after.
A preliminary review costs a fraction of what a cease-and-desist letter would cost. Send us your claims, your landing page, or your partnership agreement. We’ll tell you straight up what holds up and what we’d change—without all the legal jargon.
Appendix to Section 3(3) of the Unfair Competition Act (UWG)
The Blacklist: Banned, No Ifs, Ands, or Buts
The appendix to Section 3(3) of the UWG lists business practices that are always prohibited when directed at consumers. There is no balancing of interests, no assessment of whether the practice is perceptible, and no discussion of the specific case. Anyone who ends up here has generally already lost the case.
The list has grown over the years and now covers precisely those practices that are common in online marketing. These are the six we encounter most frequently:
Fake Reviews
Posting reviews or having them posted without an actual purchase having taken place. Similarly: the impression that all reviews have been verified.
Bait advertising
Advertising a deal that isn't even in stock in sufficient quantities. A perennial issue with promotional items.
Artificial Shortage
Countdown timers and "only today"—even when the offer is actually valid indefinitely.
Disguised Advertising
Paid content that looks like editorial content or a personal recommendation.
"Free" with a catch
Advertising an offer as free even though there are costs involved—including hidden or indirect ones.
Dual Quality
Products with identical packaging but different compositions in different markets.
Practice
Why Our Clients Come to Us
Four categories cover the majority of cases. Almost every inquiry can be assigned to one of them—and most of the time, two are related.
Advertising & Claims
- Misleading Advertising Claims
- Comparative advertising
- Sustainability and climate claims
- Price Information and Discount Promotions
- Advertising with self-evident statements
- Testimonials and Test Results
Reviews & Reputation
- Purchased and Fake Reviews
- Negative reviews from competitors
- Targeted defamation
- Competitive disparagement
- Removal of Inappropriate Reviews
Store & Platform
- Invalid Terms and Conditions
- Right of Withdrawal
- Legal Notice and Required Information
- Delivery Times, Prices, Shipping Costs
- Amazon, eBay, Shopify, etc.
- Product Counterfeiting
Social Media & Partnerships
- Advertising Disclosure
- Surreptitious advertising
- Affiliate Links and Discount Codes
- Product placements
- Use of Third-Party Trademarks
- Keyword Advertising
Legal Consequences
What happens when things get serious?
A violation of competition law sets off a chain of events. It moves quickly, and it usually unfolds in this order. If you take the first step correctly, you can often avoid the subsequent ones.
Warning Letter
The initial contact. This is accompanied by a deadline—which is typically very short—and a pre-drafted cease-and-desist letter. Neither should be accepted without careful review.
Cease-and-Desist Letter
This is the most critical step of all. Anyone who signs the attached document generally commits themselves for life—and usually for longer than the violation itself lasts.
Contractual Penalty
It will be due as soon as you violate the rules again—even if it happens accidentally or if an old post is still online somewhere.
Temporary Restraining Order
It is issued without a hearing and is immediately enforceable. Every hour counts from the moment it is served—here, the speed of response determines the outcome.
Damages & Information
At the end of the chain. Anyone who acts negligently is liable for damages and must disclose the extent of the violation.
And what if you're the one who wants to take action?
This same chain of events also works in your favor. We also represent companies and rights holders who want to stop an infringement.
Contact
How to Reach Us
Choose the option that works best for you—we'll get back to you quickly.
Schedule an appointment
Right in our calendar – choose your preferred date
What'sApp
Quick Questions, Quick Answers
Phone
Available directly Mon–Fri
Write to us about what's on your mind
How We Work
Three steps, no bureaucratic jargon
1
Facts of the Case
Send us whatever you have: a cease-and-desist letter, a screenshot, a claim, or a contract. A quick phone call is all it takes to get started.
2
Assessment
We'll explain the situation clearly, tell you what deadlines are coming up, and outline the realistic options available to you.
3
Trade
Defense, a modified cease-and-desist letter, taking action against the competitor—or a thorough preliminary review.
Frequently Asked Questions About Competition Law
Competition law governs how you are permitted to conduct yourself in the marketplace toward customers and competitors. The key legislation is the Unfair Competition Act (UWG). It applies as soon as you engage in business activities—regardless of your legal form, size, or revenue. A creator who engages in collaborations is just as subject to these rules as a retail business.
Three things, in this order: Note the deadline, don’t sign anything, and have a lawyer review it. The attached cease-and-desist letter was drafted by the opposing party and is typically broader in scope than the actual allegation warrants. Ignoring it, however, is the worst option—it’s usually followed by a preliminary injunction.
In principle, yes. Section 6 of the German Unfair Competition Act (UWG) permits comparative advertising, but subjects it to a number of conditions: The comparison must be objectively verifiable, relate to essential and typical characteristics, and must not disparage the competitor or take advantage of the competitor’s reputation. The line is drawn more narrowly than most people assume—let’s take a look at the specific claim.
Environmental advertising claims are subject to strict requirements regarding clarity and verifiability. Vague terms used without explanation are particularly vulnerable to challenge, and the European legal framework in this area is currently being significantly tightened. Anyone making such claims should be able to substantiate them—before anyone even asks.
As a general rule, yes. The key factor is whether the post serves a commercial purpose and whether that purpose is apparent to the viewer at first glance. The consideration does not necessarily have to be monetary—products, trips, or discounts provided in exchange also count. How and where this is disclosed depends on the format.
Quite a few. Fake reviews and the misleading use of reviews are explicitly on the blacklist under the Unfair Competition Act (UWG)—meaning they are prohibited per se. If a competitor is behind them, additional claims for defamation and intentional obstruction may also apply. At the same time, it is often possible to take direct action against the platform itself.
Yes, provided that you are a competitor within the meaning of the UWG and the violation has actually occurred. However, the cease-and-desist letter must meet certain substantive requirements; otherwise, your claim for reimbursement of costs will be invalid, or you may face a counterclaim for issuing an unjustified warning regarding intellectual property rights. We’ll review the matter in advance to determine whether taking this course of action is worthwhile for you.
That depends on the value in dispute, which is determined by the economic interest at stake in obtaining an injunction. In addition, depending on how the case proceeds, there may be contractual penalties, court costs, and damages. The range is wide—which is why it’s worth getting an early assessment. During the initial consultation, we’ll tell you what amount you should realistically expect.