Tracking violations against the competition law

Is a competitor advertising with unproven statements and thus misleading your potential customers? Is a competitor making deceiving statements regarding the quality of they offer, the price of their goods, or the size and significance of their company? Is important information being withheld in the advertising of a competitor? Are customers being disadvantaged through unauthorized business terms? These can be examples of unfair and thus anti-competitive behavior. As a competitor or other authorized Association, you can defend yourself against such behavior and ensure that the competition keeps to the rules of the game as far as competition law is concerned.

What we offer

We will check the legal situation for you if you have the impression that a competitor is not keeping to the legal rules of the game regarding competition law. If there are violations to competition law, we will document them and develop a strategy for you in order to stop the violations as quickly and efficiently as possible.

We usually start with an official warning notice demanding cease-and-desist, information, compensatory damages, withdrawal, and reimbursement of attorney’s fees. If the recipient of the warning notice fails to give sufficient declaration to cease and desist in response to the warning notice, fails to stop the claimed behavior, or if said person fails to fulfill other claims, then we will initiate the necessary steps for court proceedings for you. Claims in this case can be enforced in the form of a temporary injunction or a complaint. We can represent you before all courts in Germany. Take advantage of our many years of experience in countless competition law disputes and court proceedings.

Scope of service

  • Examination and assessment of the technical and legal situation
  • Consulting with respect to the legal options and the strategic procedure
  • Out-of-court representation in warning notice proceedings
  • Court enforcement before all district and regional courts in Germany by means of temporary injunctions or complaints
  • Enforcement of cease-and-desist claims by asserting contractual penalties or fines

Costs

We normally offer our services to you calculated according to the time spent at a suitable hourly rate or according to the Attorneys Compensation Act (RVG). We believe that cost transparency and cost reliability form the basis of successful cooperation. We will be happy to provide you with an estimate of the expected costs and the cost risk before taking the job.

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Clemens Pfitzer

Attorney . Partner
Certified Expert for:
Intellectual Property Law
IT Law
+49 711 41019072

Dr. Markus Wekwerth

Attorney . Partner
Certified Expert for:
Intellectual Property
+49 711 41019074

Christopher A. Wolf, MBA

Attorney . Partner
Certified Expert for:
Intellectual Property
Copyright and Media Law
+49 711 41019073