Am I allowed to publicly criticize my competitors?
November 17, 2022 | 40,00 EUR | answered by Sandra Bittner
Dear Competition Law Attorney,
My name is Sofia Meyer and I operate a small business in the cosmetics industry. Lately, I have noticed that my competitors are being publicly criticized on social media and other platforms. I am now wondering if I am also entitled to publicly criticize my competitors without fearing legal consequences.
The current situation is that I find some products of my competitors to be of inferior quality and I would like to inform my customers about this. However, I am unsure if this would violate competition law and if my statements could be considered unfair competition.
My concern is that by publicly criticizing my competitors, I may face legal issues or even be subject to claims for damages or injunctions against me.
Therefore, I am wondering if it is legally permissible to publicly criticize my competitors and how I should proceed to avoid legal problems. Are there possible solutions for me to express my opinion without violating competition law?
Thank you in advance for your help and advice.
Sincerely,
Sofia Meyer
Dear Mrs. Meyer,
Thank you for your inquiry regarding the public criticism of your competitors in the cosmetics industry. It is understandable that you feel uncertain and fear legal consequences. In the following, I would like to explain in detail what you should consider to avoid legal problems.
In Germany, it is generally allowed to express a critical opinion about products or services of your competitors. This falls under freedom of speech and is not prohibited as such. However, there are some important points you should consider to avoid violating competition law.
First and foremost, you should ensure that your criticism is factual and objective. Avoid exaggerated or false statements that could portray your competitors in a negative light. It is important that your criticism is based on understandable facts and not on assumptions or personal opinions.
Furthermore, make sure that your criticism is not defamatory or insulting. Avoid making personal attacks against your competitors. Your criticism should focus on the products or services themselves and not on the individuals behind the company.
It is also advisable to keep your criticism within a reasonable scope. Avoid unnecessarily discrediting your competitors or portraying them in an extremely negative light. Your criticism should be constructive and may even include suggestions for improvement.
If you are unsure whether your planned criticism violates competition law, I recommend seeking legal advice. An experienced competition law attorney can help you define the legal boundaries and provide you with possible courses of action.
In conclusion, it is possible to publicly criticize your competitors as long as you adhere to the points mentioned and comply with legal requirements. With factual and objective criticism, you can express your opinion without breaking competition law.
I hope this explanation helps you and wish you much success with your business in the cosmetics industry.
Best regards,
Sandra Bittner
Attorney specializing in competition law
