What are the requirements for a competition law warning letter?
May 2, 2022 | 30,00 EUR | answered by Georg Sauer
Dear lawyer,
I am writing to you because I have recently been increasingly confronted with the issue of competition law and am unsure whether my company may be violating current laws. My name is Petra Schröder and I run a small online trading company specializing in the sale of jewelry.
In recent weeks, I have received several warnings from competitors accusing me of violating competition law. However, I am not sure what specific requirements must be met for a competition law warning to be legally permissible. I am very concerned about the future of my company and want to ensure that I comply with all legal requirements to avoid further warnings.
Could you please explain in detail what specific requirements must be met for a competition law warning? Are there specific criteria that must be met to recognize a warning as lawful? How can I ensure that my company complies with all legal provisions and does not risk further warnings?
I thank you in advance for your support and hope for valuable information to help me better understand the legal requirements in the field of competition law and align my company accordingly.
Sincerely,
Petra Schröder
Dear Mrs. Schröder,
Thank you for your inquiry regarding competition law and the associated cease and desist letters that your company is facing. It is understandable that you are concerned about the future of your business and want to ensure that you comply with all legal requirements to avoid further cease and desist letters.
A competition law cease and desist letter can have various reasons, usually related to violations of the Unfair Competition Act (UWG). Here are some of the key requirements that must be met for a competition law cease and desist letter to be legally permissible:
1. Competition violation: The recipient of the cease and desist letter must have actually violated the UWG. This may occur, for example, if misleading advertising is conducted, prohibited comparative advertising is carried out, or false claims about products are made.
2. Competition relationship: There must be a competitive relationship between the sender of the cease and desist letter and the recipient. This means that both companies operate in the same market or at least compete for the same customers.
3. Legitimate interest: The sender of the cease and desist letter must have a legitimate interest in objecting to the competition violation. This may, for example, involve protecting their own company from unfair competition.
To ensure that your company complies with all legal requirements and avoids further cease and desist letters, I recommend that you thoroughly familiarize yourself with the UWG and seek legal advice if necessary. Review your advertising measures, product descriptions, and general business practices for potential violations of the UWG.
It is also advisable to work with a competition law attorney who can support you in complying with legal regulations and represent you in the event of a cease and desist letter. Through comprehensive legal advice, you can better protect your company and minimize potential risks.
I hope this information helps you and answers your questions regarding competition law cease and desist letters. If you need further assistance, I am at your disposal.
Best regards,
Georg Sauer
Competition Law Attorney
