Advertising Law

UWG, Advertising Law and Competition Law

Many companies struggle with unfair advertising methods, unsolicited fax offers, riding on the coattails of competitors’ reputation, or the exploitation of market power. In such cases, quick and competent action is necessary.

However, one’s own advertising measures also need to be increasingly scrutinized. On one hand, there is a threat of warning letters from competitors or competition associations for impermissible advertising. On the other hand, since the reform of sales law in 2002, advertising statements influence product expectations for the specifically advertised product – often even unintentionally. Usually, consultation and especially preliminary examination are significantly cheaper than the “scrutiny” by dissatisfied or knowledgeable customers or competitors. Warning letters and preliminary injunctions regarding ineffective clauses in general terms and conditions are looming.

Antitrust Law

“Antitrust law? That doesn’t concern me.” This is a common response to the question of whether one has already considered their General Terms and Conditions (GTCs) or distribution agreements, e.g., with commercial agents, from this aspect.

However, this answer reveals a major and potentially consequential misconception: Antitrust law, competition law in the narrower sense, does not only affect large corporations.

It is often surprising in which areas antitrust issues are of significance. If you enter into a contract where one of the parties is prevented from or forced to enter into a contract with a third party, this agreement alone can be invalid, even if the contracting parties do not have a prominent market significance. On the other hand, the so-called “small” often finds it difficult to defend against abusive behavior of the “big” ones. Clarification is then necessary – we are happy to help, point out limitations, and develop strategies.

For the question of which damage calculations are possible and conceivable, please read the explanations on damage calculation in industrial property rights.