Am I allowed to publicly criticize my competitors in order to promote my own business?
November 6, 2022 | 30,00 EUR | answered by Sophia Breitwieser
Dear Competition Law Attorney,
I am Wolfgang Klein, the owner of a small business in the electronics industry. Over the past few months, I have noticed that my competitors are employing aggressive marketing strategies against my company. They are spreading false information about my products and services in order to deter potential customers from working with me. This has led to a noticeable decrease in my revenue.
In my desperation, I am now considering whether I am allowed to publicly criticize my competitors in order to promote my own business. I want to expose that the claims made by my competitors are not true and that my products and services are of high quality. However, I am unsure if this is legally permissible and if I may potentially face legal consequences myself.
I am worried that my competitors may take legal action against me if I publicly criticize them. Therefore, I want to ensure that I am acting within the confines of competition law and not violating any laws. At the same time, I also want to protect my business and restore my reputation.
Can you please provide me with information on whether it is legally allowed to publicly criticize my competitors in order to promote my own business? Are there any potential legal risks that I should be aware of? What alternative options do I have to address the unfair marketing practices of my competitors?
Thank you in advance for your support and guidance.
Sincerely,
Wolfgang Klein
Dear Mr. Klein,
Thank you for your inquiry regarding the unfair marketing practices of your competitors and the possible legal steps you can take to protect your company.
First and foremost, it is important to know that competition law in Germany prohibits unfair competition. This means that your competitors are not allowed to spread false information about your products and services in order to deter potential customers from working with you. This type of behavior constitutes a violation of competition law and can be legally pursued.
With regards to your question about whether you are allowed to publicly criticize your competitors in order to promote your own business, caution is advised. While you generally have the right to freedom of speech, you may not spread false factual statements about your competitors. Therefore, if you publicly express your opinion and criticize your competitors, make sure that your statements are based on facts and not just assumptions or rumors.
There is a possibility that your competitors may take legal action against you if they feel their reputation was harmed by your criticism. Therefore, you should carefully consider how you wish to proceed and seek legal advice if necessary. It may also be helpful to first try to engage in dialogue with your competitors and attempt to reach an out-of-court settlement.
Alternatively, you could consider taking legal action to prevent your competitors from spreading false information about your products and services. In this case, you can consult a competition law attorney who can assist you in this process.
I hope this information is helpful to you and I am available for any further questions you may have.
Sincerely,
Sophia Breitwieser
