Representation in cases of competition law violations
Support with cease-and-desist letters
In cases of competition law violations by competitors or other companies, it is best to respond quickly
with a cease-and-desist letter or undertaking to cease and desist, because targeted
competition law violations can quickly cause significant economic damage and may threaten your business
existence, as well as jobs and entire business models. Cease-and-desist letters are used to enforce legal claims
for injunctive relief, disclosure, or even damages without immediate court proceedings. An undertaking to cease and desist
is intended to reduce the risk of repetition of an already existing competition law violation, as this
can otherwise lead to costly court proceedings.
Have you received a cease-and-desist letter and want it legally reviewed or challenged? In that case, I also assist you as a lawyer in Munich.
How can I help you as a lawyer in cases of competition law violations?
I advise and represent you at my law firm in Munich both as a claimant and as a recipient of cease-and-desist letters in cases of competition law violations. In a detailed initial consultation, I can provide you with my assessment of your specific case and explain potential risks and costs in more detail. Together, we will decide which measures are appropriate and most effective for your individual situation.
You can trust us on competition law matters
- Specialist advice
- Short-term appointments
- Always there for you
Contact us for legal advice/initial consultation - in person, phone, video call.
Definition: What is a competition law violation?
A competition law violation occurs when a company breaches the rules of the German Act Against Unfair Competition (UWG). The purpose of the UWG is to ensure fair competition and to protect both competitors and consumers.
Typical forms of competition law violations include:
- Misleading advertising (e.g. false product claims)
- Comparative advertising without legal permission
- Imitation of products or services
- Defamatory statements about competitors
- Violations of information obligations in online trade
- Unlawful email advertising (spam)
- Violations of price indication or labeling requirements
Even minor mistakes on websites, online shops, or social media campaigns can trigger a cease-and-desist letter.
Typical cases from the practice of a competition law lawyer in Munich
In legal practice in Munich, the following situations occur regularly:
1. Cease-and-desist letter for competition law violation
A competitor or association issues a cease-and-desist letter and demands the submission of a legally binding undertaking as well as reimbursement of legal fees.
2. Unjustified cease-and-desist letters
Not every cease-and-desist letter is legally correct. In many cases, allegations are exaggerated or legally unfounded.
3. Misleading advertising
Terms such as “No. 1”, “guaranteed”, “clinically tested”, “from the market leader”, or “cheapest provider” frequently lead to legal disputes.
4. Online competition law violations
Errors in legal notice (Impressum), price indications, GDPR notices, or shop texts are common reasons for cease-and-desist letters.
Why a lawyer in Munich is important in competition law violation cases
The competition law is complex and highly case-specific. Even small wording differences can have legal consequences. A specialized lawyer for competition law violations in Munich offers key advantages:
- Fast initial legal assessment of cease-and-desist letters
- Avoidance of unnecessarily broad undertakings to cease and desist
- Review of contracts and advertising measures before publication
- Strategic defense against unjustified claims
- Enforcement of claims against competitors
Especially in the Munich region, where many technology- and service-oriented companies operate, preventive legal advice is particularly valuable.
Costs of cease-and-desist letters in competition law violations
The costs of justified cease-and-desist letters in cases of competition law violations must be reimbursed to the (injunctive) claimant under competition law and are based on the value in dispute. With professional legal advice from a lawyer, you can therefore determine at an early stage how strong the chances of success for a cease-and-desist letter are and how high the risk is that you may have to bear the costs yourself.
What should I do if I receive a cease-and-desist letter for a competition law violation?
In the case of a cease-and-desist letter, you should always respond — but of course in a considered way. If an alleged competition law violation is not disputed, it is important to ensure that a cease-and-desist declaration or undertaking is submitted within the given deadline.
How exactly, to what extent, and with which assurances such a declaration should be made can be explained in detail by an experienced competition law lawyer.
However, even if you consider a cease-and-desist letter to be unjustified, you should not simply ignore it. Although there is no legal obligation to respond to unjustified cease-and-desist letters, it is still recommended — as a precaution — to reply appropriately and deny the allegations raised.