What legal steps can I take against competitors who engage in unfair competition?
January 2, 2023 | 80,00 EUR | answered by Renate Germer
Dear Mr. Klett,
I am writing to you with an urgent question regarding my company and unfair competition. In recent months, I have noticed an increase in my competitors using questionable methods to gain an advantage in the market. These include false advertising promises, misleading price information, and the use of our intellectual property without permission.
These unfair practices not only have a negative impact on my revenue, but also damage the reputation of my company. I am very concerned about how I can take action against these competitors and what legal steps are available to me to stop unfair competition.
Could you please explain in detail what options I have to take action against my competitors? What laws and regulations protect me as a business owner from unfair competition? Are there specific steps I can take now to strengthen my legal position?
I would greatly appreciate your support and expertise in this matter. It is important to me that my company can compete fairly and justly, without being hindered by the unfair practices of other companies.
Thank you in advance for your help.
Sincerely,
Hans Klett
Dear Mr. Klett,
Thank you for your inquiry regarding unfair competition that your company is facing. It is understandable that you are concerned, as unfair practices by your competitors can not only affect your revenue but also damage the reputation of your company. In such cases, it is important for you as a business owner to know your rights and how to address these practices.
First and foremost, it is important to understand that unfair competition in Germany is regulated by the Unfair Competition Act (UWG). The UWG prohibits various types of unfair practices, such as misleading advertising, aggressive business practices, and violation of intellectual property rights. If you believe that your competitors are violating the UWG, you have various legal options to address it.
One option you may consider is to issue a warning letter to your competitors. With a warning letter, you can ask your competitors to cease their unfair behavior and provide a legally binding declaration to do so. If your competitors do not comply with this demand, you can take legal action and claim damages.
Furthermore, you can also involve the Competition Central, an institution that advocates for fair competition and investigates violations of the UWG. The Competition Central can also act within the framework of warning letters and pursue violations of the UWG in court.
To strengthen your legal position, you should gather all relevant evidence that proves your competitors are violating the UWG. This may include advertising materials, price tags, and evidence of the infringement of your intellectual property. The more evidence you have, the better you can present your case in court.
Overall, it is important that you seek advice from a lawyer specializing in commercial law in this matter, who can provide comprehensive advice and support in enforcing your rights. An experienced lawyer can help you take the right legal steps and effectively represent your interests.
I hope this information is helpful to you and I am available for any further questions.
Best regards,
Renate Germer
Lawyer specializing in commercial law
