What can I do if a competitor spreads false claims about my company?
February 8, 2022 | 40,00 EUR | answered by Sandra Bittner
Dear Competition Lawyer,
I am Heike Stolzheim, the owner of a small business specializing in the manufacturing and sale of handmade jewelry. Lately, I have noticed that a competitor in the industry is spreading false claims about my company. These false statements are damaging my reputation and causing potential customers to feel uncertain and reluctant to buy from me.
The claims include allegations that my products are of poor quality, my prices are excessively high, and my customer service is inadequate. These statements are untrue and defamatory, yet they have already had negative effects on my business.
I am very concerned about the future of my company and wonder what I can do in this situation. Are there legal steps I can take against my competitor to stop the spread of false claims and restore my reputation? What options do I have to defend myself against this form of unfair competition?
I ask for your help and expertise in guiding me on how to protect my business from further harm and what legal actions I should take to address the defamation by my competitor. Thank you in advance for your support.
Sincerely,
Heike Stolzheim
Dear Mrs. Stolzheim,
Thank you for your inquiry regarding the false allegations that your competitor is spreading about your company. I am sorry to hear that you are suffering from these defamations and experiencing negative impacts on your business. As a lawyer specializing in competition law, I would like to outline some legal steps that you can take against this form of unfair competition.
First and foremost, it is important to know that defamation and false statements made towards a competitor are considered a violation of competition law. Your competitor is thus violating the Unfair Competition Act (UWG) and could be held legally responsible for his statements.
To address the defamation and restore your reputation, you could first send a cease and desist letter to your competitor. In this letter, you would demand that he stop making false claims and provide a legally binding cease and desist declaration. If he does not comply with this demand, you could file for an injunction in court to stop the spread of false statements.
Additionally, you could file for damages to compensate for the economic harm caused by the defamation. You could also consider filing a lawsuit for injunction and possibly for defamation to protect your reputation and your company.
It is advisable to seek advice from an experienced lawyer specializing in competition law in this matter, who can assist you in enforcing your rights and defending your company. Together, we can develop a strategy to address your competitor's unfair practices and protect your company from further harm.
I hope that this information is helpful to you and I am available for further questions and personal consultation.
Yours sincerely,
Sandra Bittner
Lawyer specializing in competition law
