Legal advice in competition law
Lawyer Munich
The competition law serves to protect competitors, consumers, and other market participants from unfair competition by individual companies.
The purpose of competition law is to enable fair competition in the free market and to give market participants the opportunity to defend themselves against unfair behavior.
However, in practice it is rarely that simple. German competition law is mainly divided into unfair competition law (law against unfair commercial practices) and antitrust law (law against restrictions of competition).
In competition law, many legal terms are used that must be interpreted differently depending on the individual case — such as “duty of information,” “professional diligence,” or “unfair advertising.”
It is therefore not surprising that out-of-court settlements are rare, even though many similar cases exist. In this field of law, it is difficult to progress without a court decision — and therefore without an experienced competition law lawyer.
What can I do for you as a lawyer in competition law and advertising law?
I advise and represent clients at my law firm in Munich, including both producers (and service providers) as well as consumers, in protecting their rights and interests in competition law. In a detailed initial consultation, I can provide an assessment of your specific case and explain possible legal procedures. Together, we will decide whether cease-and-desist letters, interim injunctions, injunctive relief, or even claims for damages may be appropriate and effective in your situation.
In particular, I advise companies on damage limitation in cases of antitrust violations, as well as on compensation claims and contractual penalties.
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What is competition law?
The competition law is a part of commercial law and serves to protect free and fair competition. It includes legal rules designed to prevent companies from gaining advantages through unfair business practices or anti-competitive conduct. Competition law is divided into two main areas: unfair competition law (the German Act Against Unfair Competition, UWG) and antitrust law (the Act Against Restraints of Competition, GWB).
The unfair competition law protects market participants — including companies, consumers, and competitors — from unfair business practices. These include misleading advertising, aggressive sales tactics, or the defamation of competitors. Companies must comply with clear rules to avoid misleading consumers or unfairly disadvantaging competitors.
The antitrust law, on the other hand, is intended to protect competition from monopolies and cartels. It prohibits price fixing, market sharing agreements, and the abuse of a dominant market position. In Germany, enforcement lies with the Federal Cartel Office and at the European level with the European Commission.
Competition law therefore ensures that companies operate in a fair environment, consumers are protected, and innovation and market diversity are preserved. Violations of competition law can result in high fines, cease-and-desist letters, or claims for damages.
Antitrust law and unfair competition law in competition law
Definition of antitrust law
Within competition law, antitrust law ensures that fair and consistent competition is maintained in the market.
It primarily targets price-fixing agreements between competitors (horizontal agreements), which disadvantage consumers
or customers, since in a free market better prices would otherwise be possible. Agreements may also concern the general
availability of goods, artificial scarcity, or restrictions on customer groups (vertical agreements), all of which can
harm customers.
Closely related to these core prohibitions is also the abuse of a dominant market position.
Definition of unfair competition law
The term unfair competition law refers to the legal rules within competition law that deal with unfair business conduct. The law aims to ensure a largely undistorted and fair competitive market.
Who is protected by competition law?
The goal of competition law is a fair, undistorted, and free market. Market participants who attempt to gain unlawful advantages harm almost everyone. Competition law therefore protects consumers, competitors, and all other market participants — in simple terms, “the general public.”
Due to this broad scope, the potential penalties and sanctions are correspondingly severe. They range from cease-and-desist letters and fines to disgorgement of profits and even criminal consequences.
Common topics in competition law
The possible areas of application are very broad – after all, it only takes a subjective perception to recognize a situation as “unfair.” Below we list some common cases in competition law:
- Misleading advertising – manufacturers promise product features that are not met or cannot be met.
- “Artificially inflated prices” – products are offered at prices that do not correspond to their quality or competing products.
- Imitation – well-known brands or companies copy or imitate the appearance of competitors to exploit their positive reputation.
- Prize competitions – giveaways that are tied to the purchase of goods or services.
- Disguised advertising (editorial advertising) – editorial content not labeled as advertising may constitute consumer deception.
- Free offers – “free” offers that in fact involve costs may violate competition law.
- Comparative advertising – competing products are compared for advertising purposes and usually negatively portrayed. What is common practice in the United States is rarely compatible with European competition law.
- “Dumping” – prices below production cost may be considered anti-competitive against competitors.
- Defamation by competitors – false statements intended to damage your business should be legally pursued.
How does a competition law lawyer help?
A competition law lawyer helps companies comply with legal requirements, defend against unfair competition, and resolve legal disputes. Their support is especially important to avoid cease-and-desist letters, fines, or claims for damages.
1. Preventive advice and compliance
As a lawyer, I advise companies preventively to avoid violations of unfair competition law (e.g. misleading advertising, unfair business practices) and antitrust law (e.g. illegal price fixing, abuse of a dominant market position). I review marketing measures, terms and conditions, and advertising campaigns for legal compliance and help implement compliance programs so that companies adhere to competition law regulations.
2. Defense and enforcement of claims
If a company is harmed by unfair competition, I assist in issuing cease-and-desist letters, filing injunctions, or asserting claims for damages. Conversely, we defend clients against unjustified cease-and-desist letters or competition law claims from competitors.
3. Representation before authorities and courts
In antitrust matters, we support companies in proceedings before the Federal Cartel Office or the European Commission, for example in merger control or cartel investigations. We accompany companies in hearings, develop defense strategies, and help in cases of potential fines or damages. If court proceedings arise, we represent clients before civil or administrative courts.
4. Advice on cooperation and market strategies
A competition law lawyer can also assess whether cooperation with other companies is permissible under antitrust law, such as distribution agreements or joint ventures. They help structure pricing models, discount systems, and sales strategies to avoid legal conflicts.
Frequently asked questions about competition law
The aim of competition law is to protect competitors, consumers, and all other market participants from unfair competition.
Most cases involve misleading advertising or excessive pricing (“artificially inflated prices”). Comparative advertising and defamation of competitors are also regulated.
Yes. Antitrust law is an essential part of competition law and protects consumers from price fixing and market allocation agreements.