Competition law comprises issues in connection with the German Act against Unfair Competition (UWG), the German Act against Restraints on Competition (GWB), and also special regulations such as the German Law on Drug Advertising (HWG). Often also known as advertising law or fair trading law, competition law regulates the ground rules of fair behavior between the competitors in the market. It also protects consumers and the general public. However, only competing companies, associations and clubs privileged by statute, e.g. those stipulated as such in accordance with the German Act on Injunctive Relief (UKlaG), may take action against violations. Consumers, on the other hand, are not allowed to take action themselves.
Competition law assures compliance with the legal ground rules and offers participants quick and effective protection by allowing them to file claims in response to competition violations such as demands to cease-and-desist, demands for information, compensation claims, and compensation for lawyers’ fees, by means of official warning, temporary injunction, and other legal instruments.
Due to the fact that compliance with all market-controlling standards of other laws may be requested with the assistance of the competition law, in addition to compliance with the specific regulations related to competition law, competition law is extremely important for all parties engaging in business. Violations against consumer protection regulations or information and trademark regulations, for example, are therefore also generally classed as violations of competition law. The provisions of competition law are largely harmonized throughout Europe, which means that the specifications are the same throughout the EU, and that only their implementation differs from country to country.
The multitude of decisions, the frequently shifting places of jurisdiction, a certain trend toward case law, the often different case law in the various court districts, and the sometimes complicated legal issues encountered during proceedings make the competition law highly complex.
Our expertise in competition law
We have numerous specialized lawyers with many years of experience in competition law and advise and represent companies throughout Germany as well as companies from all different sectors and of all different sizes in all issues regarding competition law and legal disputes before all districts and higher regional courts.