Can I as a company prohibit a price comparison website from listing my products?
March 20, 2024 | 40,00 EUR | answered by Sophia Breitwieser
Dear Competition Law Attorney,
I am Hildegard Schröder, the owner of a small business that distributes high-quality products in the electronics sector. Lately, I have noticed that my products are increasingly being listed on a well-known price comparison website, which could potentially impact my sales figures.
I am wondering if it is legally permissible for a company to prevent a price comparison website from listing my products. I am concerned that the price comparisons on the platform could lead potential customers to opt for cheaper alternatives instead of purchasing my high-quality products.
Could you please provide me with information on whether I am legally entitled to deny a price comparison website the right to list my products? Are there any possible legal steps I could take to protect my products from unwanted competition on price comparison websites?
Thank you in advance for your assistance and advice on this matter.
Sincerely,
Hildegard Schröder
Dear Mrs. Schröder,
Thank you for your inquiry regarding the listing of your products on a price comparison website and the associated legal options to control or possibly prevent this.
In Germany and the EU, it is generally not prohibited for your products to be listed on a price comparison website. This means that the price comparison website usually has the right to list your products and offer price comparisons. However, there are some exceptions and legal options to protect your products from unwanted competition.
One option would be to make contractual agreements with the price comparison website to exclude your products from listing. In many cases, price comparison websites are willing to make such agreements, especially when it comes to high-quality products. However, it is important that these agreements are legally formulated to prevent future disputes.
Another option would be to rely on trademark law. If your products have a registered trademark, you may be able to take action against the listing on the price comparison website if it violates your trademark rights. However, a detailed legal assessment is necessary to assess the chances of success of such action.
Furthermore, you could also consider using competition law. If you suspect that the price comparison website is abusing a dominant market position to list your products unlawfully, you could file a complaint with the relevant competition authority.
In conclusion, it is in your best interest to seek professional advice before taking legal action against the price comparison website. An experienced competition lawyer can help you develop the best strategy and effectively represent your legal interests.
I hope that my explanations have been helpful and I am available to answer any further questions you may have.
Best regards,
Sophia Breitwieser
