What are the legal consequences of unfair competition?
February 15, 2024 | 80,00 EUR | answered by Renate Germer
Dear lawyer specializing in business law,
I am reaching out to you as I am in urgent need of advice and assistance regarding the topic of unfair competition. I am the owner of a small online trading company and have recently found out that a competitor is seemingly using unfair methods to gain an advantage in the market.
The current situation is as follows: My competitor is using aggressive marketing tactics to poach customers, spreading false information about my company, and offering similar products at significantly lower prices. As a result, I feel threatened in my existence and wonder what legal steps I can take against these unfair practices.
My concerns are diverse: I fear for the reputation of my company, my customers, and ultimately my economic existence. I do not want to stand by idly while my competitor gains an unfair advantage and drives me to ruin.
Therefore, my question to you is: What legal consequences does my competitor face if they are found guilty of unfair competition? What options do I have to address these unfair practices and protect my company? I would greatly appreciate your legal assessment and possible recommendations in this challenging situation.
Sincerely,
Alwin Tiefbach
Dear Mr. Tiefbach,
Thank you for your inquiry regarding the topic of unfair competition. I am sorry to hear that you are confronted with such unfair practices and are concerned about the future of your business. Unfair competition is a serious issue in the field of commercial law, and there are various legal options available to address it.
First and foremost, you should know that unfair competition in Germany is regulated by the Unfair Competition Act (UWG). The UWG prohibits various types of unfair conduct, such as misleading advertising, exploitation of reputation, or targeted hindrance of competitors. So if your competitor is trying to gain an unfair advantage through aggressive advertising, spreading false information, or price dumping, this could potentially violate the UWG.
In such a case, as an affected entrepreneur, you can take various legal steps. For example, you could issue a cease and desist letter against your competitor, demanding them to stop their unfair behavior. If this is not successful, you could also consider obtaining a temporary injunction or even filing a lawsuit in court. In the case of a successful lawsuit, your competitor could be obliged to cease the unfair behavior and potentially pay damages.
It is important that you act quickly in such a situation and consult an experienced attorney specializing in commercial law to effectively represent your interests. Your attorney can help you initiate the appropriate legal steps and protect your business from the unfair practices of your competitor.
I hope this information is helpful to you and I am available for any further questions you may have. I wish you success in enforcing your rights and protecting your business.
Sincerely,
Renate Germer, Attorney at Law specializing in Commercial Law
