Competition Law

In Germany, business and trade laws are based on the principle of freedom of competition. Every commercial enterprise is allowed to participate in market competition and to present itself in competition with other market participants. However, the participant's commercial activities are only allowed so long as they do not conflict with legal regulations.

Despite various new legistlation within the Fair Trade Act, the German competition law (UWG) is considered rigid and out-dated when compared with international examples. Often it is difficult for established companies to judge the legal admissibility of advertising campaigns and other competitive activities. This proves even more difficult for less-established companies, which often must rely solely on effective advertising in order to enter the market at all. New and unusual approaches in form or method of advertising can be legally complicated.

Services we offer in this area:

• Verifying/reviewing/examining websites, online-stores etc. in respect of compliance with applicable regulations
• Examination of advertising measures
• Initiation of or defense against cease and desist claims
• Initiation of and defense against court orders
• Drafting of pre-emptive brief(s)
• Legal representation in court (defense and enforcement of competition-specific demands, claims)

Our specialist in Competition Law is Rechtsanwältin Isabell Serauky.