Competition and Antitrust Law
Anticartel law and the law on abuse of dominant positions. Law against Unfair Competition (UWG) and that Act against Restraints of Competition (GWB – Cartel Law). These parts of competition law are intended, on the one hand, to ensure free competition and, on the other hand, to prevent unfair business practices.
We advise and support you in the following areas:
Antitrust Department
So-called Cartels are alliances or agreements between companies that aim to restrict or distort competition (and thereby achieve economic advantages).
A particularly common form of cartel is price fixing between competing market participants; such agreements are prohibited because they run counter to a free market, which primarily provides for and aims to ensure free pricing.
The victims of cartels are primarily consumers, who ultimately have to pay inflated prices.
But other market participants can also suffer: All too often, downstream retailers in the supply chain have to contend with manufacturers„ ostensibly “non-binding recommended retail prices." Price dictates, which cannot be legally enforced, are in fact enforced through pressure and threats.
How we can help you with antitrust law
We advise and represent companies that want to have specific business ventures reviewed for their compliance with antitrust law.
Likewise, we advise and represent dealers and other market participants who wish to defend themselves against factual cartels.
Affected parties, in particular, can consider admonishing the unauthorized price-fixing to cease and desist, and if necessary, seek legal protection. Claims for damages are also relevant.
Competition Law Department
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Advertising or the depiction of a company are inseparably linked to the legal framework of the Act Against Unfair Competition (UWG). Every business action that is perceived externally is a matter that could be relevant under competition law. Above all, legal requirements must be observed for such competitive measures.
- Conformity with Annex to Section 3 (3) of the Unfair Competition Act („Black List“)
- Elements of § 4 UWG (e.g., exploitation of inexperience, age; price reductions; prize competitions; sweepstakes; endangering reputation; deception)
- Misleading commercial practices § 5 UWG
- Comparative advertising (making a competitor „visible“)
- Unreasonable harassment § 7 UWG
We support you in competition law matters
- Cease and desist letters
- Interim injunctions
- Protective briefs
- Complaint
The goal is to assert or prevent the following claims:
- Claim for injunctive relief
- Right of withdrawal
- Right of Reply
- Claim for removal
- Right to information
- Claim for damages