Is a company allowed to intentionally spread false rumors about a competitor?
May 11, 2024 | 30,00 EUR | answered by Georg Sauer
Dear lawyer,
I am reaching out to you with an urgent question regarding competition law. In my professional environment, an unpleasant situation has arisen that deeply concerns me. A company that is in direct competition with my employer is deliberately spreading false rumors about our competitor. These rumors have already caused significant damage to the reputation of the affected company and could have long-term effects on its business operations.
I am greatly concerned about the fairness and integrity of competition in our industry. Is it legally permissible for a company to intentionally spread false information about a competitor in order to gain an advantage? What legal steps can we, as the affected company, take to defend ourselves against these unfair practices? Are there ways to prevent the spread of false rumors and claim damages?
I request your expert opinion on this matter and specific recommendations on how we can defend ourselves against these unfair practices within the framework of competition law. Thank you in advance for your help and support.
Sincerely,
Jens Meyer
Dear Mr. Meyer,
Thank you for your inquiry regarding the spreading of false rumors about your competitor in the context of competition law. It is understandable that you feel concerned about this situation, as the reputation and standing of a company are of great importance. In fact, it is not legally permissible to intentionally spread false information about a competitor in order to gain an unfair advantage in competition. Such actions can be considered as unfair competition under § 4 No. 10 of the Act Against Unfair Competition (UWG).
As the affected company, you have various legal options to defend yourself against the spread of false rumors. First of all, you should gather and document the incriminating information in order to clearly present the facts. You can then issue a cease and desist letter to the company that has spread the false rumors. In the letter, you can demand that the untrue statements be stopped and that a penalty clause be signed.
If the company continues to spread false information, you can obtain an injunction or file an injunction lawsuit in court. These legal steps are aimed at stopping unfair practices and claiming damages. Additionally, you may also consider filing a criminal complaint for defamation or slander, depending on the severity of the impact of the false rumors on your company.
It is important that you seek advice from an experienced lawyer in this matter in order to effectively enforce your rights and protect the reputation of your company. I am available for further questions and detailed advice. Please do not hesitate to contact me to develop a strategy together on how to defend against unfair practices.
Best regards,
Georg Sauer
Attorney specializing in competition law
