Am I allowed to publicly criticize my competitors in order to strengthen my own company?
April 14, 2023 | 40,00 EUR | answered by Greta Kleine
Dear lawyer,
I am Konrad Bacigalupo, the owner of a medium-sized company in the entertainment electronics sector. Lately, I have noticed that my competitors are taking aggressive advertising measures against my company in order to increase their own sales. They are also spreading untrue statements about my products and services to deter potential customers from buying from me.
As a business owner, I am naturally concerned about this development and wonder if it is legally permissible to publicly criticize my competitors in order to strengthen my own company. I do not want to get into legal trouble, but at the same time, I do not want to stand by while my business is being damaged by unfair competition.
Can you please provide me with information on whether I am legally entitled to publicly criticize my competitors to protect my own company? Are there possibly other legal avenues to take against the unfair advertising measures of my competitors?
Thank you in advance for your support and advice.
Sincerely,
Konrad Bacigalupo
Dear Mr. Bacigalupo,
Thank you for your inquiry regarding the aggressive advertising tactics of your competitors and the options to legally protect your own company. As a lawyer specializing in competition law, I can assist you and provide some important information on this topic.
First of all, it is important to mention that competition law in Germany aims to ensure fair competition between companies and prevent unfair practices. This includes spreading false statements about a competitor's products or services in order to harm them. This type of behavior falls under the term of unfair competition and is prohibited according to the Act against Unfair Competition (UWG).
In your case, you have the right to defend yourself against the unfair advertising tactics of your competitors. One option would be to issue a cease and desist letter to the competitors, requesting them to stop the unlawful advertising and provide a legally binding cease and desist declaration. If the competitors continue with unfair advertising despite the cease and desist letter, you can take legal action and assert claims for injunction and damages.
As for publicly criticizing your competitors, caution is advised. While you have the fundamental right to express your opinion freely, you must not spread false facts that damage the reputation or business of your competitors. It is important that your criticism is based on objective and verifiable facts and is not defamatory or derogatory.
In summary, as a business owner, you do have legal means to combat unfair competition. It is advisable to consult a specialized lawyer in competition law for individual advice and support in such cases.
I hope this information was helpful for you and I am available for any further questions.
Best regards,
Greta Kleine
Lawyer specializing in competition law
