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Ask a lawyer on the topic of Competition law

Am I allowed to publicly give my competitors bad reviews in order to harm them?

Dear competition law attorney,

My name is Anneliese Meyer and I run a small business in the cosmetics industry. Lately, I have noticed that my competitors are receiving very good reviews on various platforms such as Google, Yelp, and Facebook. This has led potential customers to prefer them over me.

In order to weaken my competitors and promote my own business, I have been considering publicly posting negative reviews about them. I am wondering if it is legally acceptable to intentionally harm my competitors by posting false or exaggerated negative reviews.

I am aware that competition law is very complex and that I could be treading in a legal gray area. That's why I am seeking a clear answer and possible solutions to protect my business interests without violating any laws.

Thank you in advance for your help and for answering my question.

Sincerely,

Anneliese Meyer

Greta Kleine

Dear Mrs. Meyer,

Thank you for your inquiry regarding the publication of negative reviews about your competitors in the cosmetics industry. It is understandable that you are concerned about the success of your own business and are looking for ways to compete with your competitors.

Regarding your question about competition law, it must be clearly stated that it is not allowed to intentionally publish false or exaggerated negative reviews about your competitors in order to damage their reputation. The Unfair Competition Act (UWG) explicitly prohibits such practices as they are considered unfair business practices.

By publishing false or exaggerated negative reviews, you not only risk legal consequences such as damage claims or warnings, but also damage your own reputation and business. Customers rely on honest reviews and may perceive your behavior as unprofessional and dishonest.

However, there are legal and fair ways to promote your own business and compete with your competitors. Here are some suggestions:

1. Improve the quality of your products and services: By focusing on the quality of your products and services and ensuring customer satisfaction, you can positively distinguish yourself from your competitors.

2. Offer special deals and discounts: Attractive offers and discounts can help attract customers and build long-term customer relationships.

3. Invest in marketing and advertising: Use various channels such as social media, online advertising, and local advertising to promote your business and attract new customers.

4. Collect positive reviews from satisfied customers: Actively encourage your customers to leave reviews and share positive experiences on your website and social media.

It is important that you adhere to the rules and laws of fair competition to ensure long-term success for your business. If you have any further questions or need assistance, I am happy to help.

Sincerely,

Greta Kleine
Competition Lawyer

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Greta Kleine