We, the lawyers at KBM Legal, are at your disposal for any queries concerning competition law and will advise you quickly and competently in all phases of your competition litigation.
Unfair trade practice
In order to compete successfully in the marketplace, you must never expose yourself to competition law infringements nor allow your competitors to gain an unfair advantage. At the same time, entrepreneurs are faced with an unclear range of infringements that could all lead to cease-and-desist measures. Careless actions can constitute unfair trade practices for a competitor as defined in the Act against Unfair Competition. The principle behind all this is protecting the quality of your products and services.
There have been many recent cases of unfair trading, particularly in the form of the following actions:
- Loss-leader offers
- Deception as regards the commercial origin of a product
- Misleading prices and costs
- Fraudulent representation of profits
- Fictitious claims of health remedies
Cease-and-desist demands in competition practice
Should you receive a cease-and-desist demand from one of your competitors, it is advisable to take the right steps quickly and in keeping with a sound strategy. Short deadlines to issue a cease-and-desist declaration to avoid penalties tolerate no delay and require decisive action. At worst, an injunction may already have been granted, causing severe economic damage. In such cases court proceedings are usually inevitable. Particularly in these and similar cases of competition law disputes it is advisable to hand over the reins to a competent law firm.
In the reverse scenario, the interests of the person issuing the cease-and-desist demand must also be pursued and asserted. In order to achieve a quick and extrajudicial settlement it is advisable to first issue a cease-and-desist demand to your competitor to give the other side a chance to eliminate the infringement themselves. Should the cease-and-desist demand produce no results, the injunction is the effective solution. The claim is usually to achieve desisting. Claims for damages and disclosure are also playing an increasing role. This also applies to international competition.
Consulting competition law
Immediate legal advice in all fields of competition law:
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Lawyer competition law
In cases of competition law issues our specialized lawyers Götz Sommer, LL.M. and his colleagues will support you.Profile