Competition Law

Antitrust Action

Have you had enough? Is the competition running rings around you and thinking it can do whatever it wants, while you stick to the rules? Do you want to enter the market and give everyone a good shake-up? Are you tired of putting up with everything?

Carl von Clausewitz summed up the nature of war very simply: According to him, war is the continuation of politics by other means. This characteristic is not entirely foreign to competition law in relation to the battle for market share. Wherever new competitors enter the market, wherever market shares are redistributed, wherever established market participants defend their positions or seek to capture new ones, and wherever new ideas, services, or products are introduced enter the market, or where actual or legal conditions change, that is when competition law comes into play: Greater attention is paid to compliance with the requirements of fair competition law.
When market share is at stake, one’s own position is defended by launching competition law attacks on market participants, the sales efforts of competitors are disrupted or prevented, and the competition is reined in. The use of competition law remedies is the continuation of market participation through legal instruments—and is also intended by the legislature in the interest of maintaining fair competition.

Truth and clarity in advertising are principles whose violation repeatedly gives rise to competition law disputes over misleading claims. The disparagement of companies or the dissemination of false factual claims are vulnerable to challenge under competition law—and often very effectively so. Consumer protection is ensured by the fact that specific categories of conduct enable the enforcement of claims under competition law, ranging from unfair advertising directed at children to the prohibited print advertising or deceptive advertising directed at consumers. Violations of market conduct rules are anti-competitive. This opens up a broad field and can serve as fertile ground for a wide variety of disputes, such as violations of

  • the Drug Act
  • the Pharmacy Act and the Law on the Advertising of Medicines
  • the General Data Protection Regulation and the Federal Data Protection Act
  • the Medical Devices Act
  • the Legal Services Act
  • the Passenger Transportation Act
  • The Price Disclosure Regulation and the Passenger Car Energy Consumption Labeling Regulation (EnVKV)
  • Professional Ethics for Pharmacists, Attorneys, and Physicians
  • the Health Claims Regulation
  • food safety regulations
  • Cosmetics Law, the Packaging Ordinance, the Textile Labeling Ordinance, the Waste Oil Ordinance, or BAFIN licenses

This set of regulations is by no means exhaustive. Whenever laws or regulations at least also serve to regulate market conduct, failure to comply with such regulations may be relevant under competition law. A point of contention in the current debate is whether data protection regulations also have this market-regulating character, or whether the GDPR precludes the application of competition law. Equally controversial is the question of how far LegalTech companies may go before they are deemed to be providing unauthorized legal services.

We are at home in this world of constant legal disputes.

When faced with an attack, we respond quickly; wherever possible and appropriate, we pursue injunctive relief as early as the preliminary injunction proceeding, through which a court injunction can be obtained within a few days. This requires a high degree of organization to proceed within tight timeframes, but is quickly rewarded with a court decision that sets the course early on and, if successful, puts the competitor in its place.

Defense in Competition Law

Under heavy fire? When a cease-and-desist letter is on the table and the clock is ticking, swift action is required.

Not because you need to be afraid of the opponent’s letter, but because at this stage of a competition law dispute, tactical and level-headed considerations are the order of the day. Don’t rush into anything. We know how stressful it can be to face a cease-and-desist demand. The letter is sharply worded, the allegations are pointed—perhaps even laced with references to criminal law—and the deadline is tight. We have the composure and experience to work with you to consider the next steps.

When defending against such claims, we focus above all—in addition to verifying the validity of the asserted claims—on your business needs and necessities. Where necessary and feasible, we’ve got your back. From a tactical standpoint, it may sometimes be better not to issue a cease-and-desist declaration—even if the claims are justified—and instead allow a preliminary injunction or judgment to be issued against you. Sometimes both can be avoided through negotiations, and sometimes it’s also possible to agree on grace periods or exhaustion periods—for example, to distribute advertising materials or deliver products. We assess your opponent. We know that, especially in the face of fierce competition law attacks, a counterattack is often the best form of defense to put overly zealous competitors in their place and calm them down. When defending against competition law claims, we work with you to explore all possible courses of action and ensure a coherent overall strategy.


Strategy Consulting and Dispute Prevention
in Competition Law

Do you have a new idea? A product? A service? Perhaps you already have a campaign and a media plan, or an advertising strategy?

To ensure you never receive a cease-and-desist letter under competition law in the first place, we advise you even before any disputes arise. We review websites, social media campaigns and posts, advertising campaigns, flyers and printed promotional materials, slogans, and other promotional measures across all industries. We assess and evaluate risks. We’re well aware that lawyers are often seen as killjoys by creative minds. We are not. For us, the answer “That won’t work” only comes in conjunction with a search for alternative courses of action. We are sparring partners. We see ourselves as part of a team that contributes to and safeguards the economic success of your company. Together with you, we look for opportunities. We draw our expertise from the numerous disputes that our firm’s attorneys have handled in the field of competition law before the trial courts in Germany.

We put this expertise to work for you.