May I make claims about my competitors in my advertising campaigns?
July 2, 2024 | 40,00 EUR | answered by Sandra Bittner
Dear lawyer,
My name is Ammelie Ehrig and I am the managing director of a small company that has established itself in the field of cosmetic products. Lately, I have noticed that my competitors are making claims about my company in their advertising that, in my opinion, do not correspond to the truth. For example, it is claimed that my products do not have certifications or that they are harmful to health.
I am concerned that these false claims could damage my reputation and deter potential customers from buying my products. I wonder if I am allowed to make similar claims about my competitors in my own advertising in order to defend myself and protect my reputation. Is this legally permissible or could I be violating competition law myself?
I want to make sure that I am operating within the law and adhering to fair competition practices. Are there ways to address the false claims made by my competitors without risking legal consequences myself? I would like to know what actions I can take to defend myself against unfair competition and protect my reputation.
Thank you in advance for your help and advice.
Sincerely,
Ammelie Ehrig
Dear Ms. Ehrig,
Thank you for your inquiry regarding the false claims made by your competitors in their advertising campaigns and your options for defending yourself without violating competition law.
First and foremost, it is important to understand that competition law in Germany aims to ensure fair competition between businesses and protect consumers from misleading advertising. If your competitors make false claims about your company that could damage the reputation of your products, this constitutes unfair competition and may potentially violate competition law.
Regarding your question about whether you are allowed to make similar claims about your competitors in your own advertising campaigns to defend yourself, caution is advised. Competition law prohibits making false or misleading statements about other companies, even if they have already made such statements about your company. Therefore, it is advisable to focus on facts and not engage in unfounded accusations.
To address the false claims made by your competitors without risking legal consequences yourself, I recommend taking the following steps:
1. Gather evidence: Document all false claims made by your competitors about your company.
2. Contact a lawyer: A specialized competition law attorney can help you take the necessary legal steps to address the unfair practices of your competitors.
3. Inform consumers: If necessary, you can also inform the public about the false claims and clarify that they are not true.
4. Consider legal action: If the false claims made by your competitors have serious impacts on your company, you may consider legal actions such as a cease and desist letter or a lawsuit.
It is important that you act within the law and adhere to fair competition practices. With professional advice and the right legal steps, you can effectively defend yourself against unfair competition and protect your reputation.
I hope this information is helpful to you. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Sandra Bittner, Attorney at Law
