Competition Law – Your attorneys for Unfair Competition & Commercial Legal Protection

Cease-and-Desist Letters & Legal Protection in Competition Law

Competition law governs the fair interaction between businesses in the market and is also referred to as unfair competition law, advertising law, or commercial legal protection. As competition law attorneys, our goal is to help ensure a level playing field in the marketplace. The legal foundation is the German Act Against Unfair Competition (UWG) and related statutes.

Competitors can take legal action against unfair practices. This includes cease-and-desist letters and preliminary injunctions, which are effective tools against unlawful advertising – whether in social media, online shops, or brick-and-mortar retail. These tools also help stop deceptive advertising tactics.

Your attorney for Competition Law

Enforcing fair competition rules is a key task in the market. However, enforcement is not handled by the state, but rather by competitors, consumer protection organizations, or watchdog associations.

A competition law attorney’s responsibilities also include reviewing marketing measures, protecting business secrets, and drafting contract clauses such as non-compete agreements. In today’s digital world, defending against unjustified cease-and-desist letters is more important than ever.

Certified attorney for Commercial Legal Protection in Hamburg

Looking for a competition law expert? You’ve come to the right place. Contact our specialist attorneys for commercial legal protection by phone (+49 40 7344086-0), WhatsApp, email (mail@sbs-legal.de), or via our contact form for a free initial consultation.

Our Services in Competition Law

• Defense against and enforcement of cease-and-desist letters
• Representation in preliminary injunction and court proceedings
• Drafting of modified cease-and-desist declarations
• Review and enforcement of penalized undertakings and contractual penalties
• Claims for damages and profit disgorgement
• Drafting of non-compete and confidentiality agreements (NDAs)
• Review of advertising claims, labels, and seals of approval
• Negotiation and drafting of complex know-how licensing agreements
• Legal support in product launches, sales systems, or company formation
• Legal review of marketing campaigns, contests, and discount promotions
• Website and advertising material checks for legal compliance

Competition Law: Key Tips when you receive a Cease-and-Desist Letter

If you receive a cease-and-desist letter, act quickly, calmly, and thoroughly within the given deadline – otherwise, you risk costly court action.

Always remember:

• Stay calm and read the letter carefully – more than once if needed
• Check whether the facts are correct
• Do not contact the opposing party or their attorney directly
• Do not sign any undertakings hastily
• Do not pay the claimed legal fees immediately

Carefully check:

• Is your company correctly and fully named?
• Are the facts presented accurate?
• Is the opposing party actually a competitor?
• Has the other party possibly violated any advertising rules themselves?

After this, consult a competition law attorney. Legal professionals specializing in unfair competition, advertising law, and trademark law may also hold the official title of “Certified Attorney for Commercial Legal Protection.”

What Violations can trigger a Cease-and-Desist Letter under German Law (UWG)?

• §3 UWG – Unlawful Business Practices and Advertising
• Acts that distort consumer behavior or violate legal standards
• §4 UWG – Competitor Protection
• Unfair obstruction of competitors
• Unauthorized product imitation or brand misrepresentation
• Defamation of competitors or their products
• §5 UWG – Misleading Advertising
• False discounts or fake company histories
• False claims about product availability
• §5a UWG – Misleading by Omission
• §6 UWG – Unlawful Comparative Advertising
• Comparing dissimilar products (“apples to oranges”)
• Misleading comparisons
• §7 UWG – Unacceptable Harassment
• Unsolicited advertising emails
• Aggressive doorstep selling tactics
• §7a UWG – Unlawful Telemarketing
• Cold calls without prior consent

Example: Cold Call Violations

• A utility provider calls consumers without consent to promote energy tariffs
• An insurance broker contacts individuals about policies without permission

Stay informed: Read more in our Competition Law Blog

Visit our blog for the latest court rulings, legal developments, and updates in competition law.

SBS LEGAL – Law Firm for Competition Law in Hamburg

Have you received a cease-and-desist letter? Want to take action against a competitor? Need a preliminary injunction or want to bring a lawsuit under competition law?

We also offer legal review of your website, marketing strategies, labels, contests, and non-compete clauses for compliance with unfair competition law.

Ask the experts in Competition Law!

Our team provides sound legal advice across all areas of competition law – from contract and advertising reviews to defending or enforcing legal claims and representing you in court.

We also offer top-tier expertise in trademark law, a field that often overlaps with competition law.

Legal Advice in Competition Law – based in Hamburg

For more information or legal assistance, feel free to contact us at any time.
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