Competition law, by means of the German fair trade act (UWG), prohibits unfair business dealings. This act sets out banned conduct, for example, deception. In addition, it incorporates standards that govern market behaviour, such as individual provisions of the German medicines act (AMG). This makes it clear that in order to review and advise on advertising as well as to take action against violations of competition law, what is required is sound knowledge of both UWG and specific areas of the relevant standards governing market behaviour.
We can provide you with this. Our focus lies on the areas of service providers (doctors, clinics, hospitals, pharmacies, alternative practitioners), pharmaceuticals (medicines, active substances and auxiliary substances), medical products, foodstuffs (classic, food supplements, dietetic foods), cosmetic products and biocides (in particular, pesticides). Our clients include manufacturers, advertising agencies, marketers, service providers and retailers alike.
We can support you with your marketing concepts and advertising measures and take on responsibility for pursuing or defending against claims under competition law. This includes, in particular, the following areas:
- Analysis of unfair advertising
- Review of all kinds of advertising measures (e.g. product advertising, sponsoring as well as legal evaluation of sales channels or concepts) and advertising media (e.g. printed media, TV, radio, internet, social media)
- Advice regarding agency contracts (in particular, advertising agencies)
- Advice regarding direct marketing
- Corporate consulting (in particular, for founders of new businesses)
- Online shop check (in particular, price information and information obligations)
- Reviewing and drafting of Abmahnungen (written warnings)
- Formulation and implementation of cease-and-desist letters with penalty clauses
- Application for injunctions as well as defence through caveats
- Review and assertion of any claims for information, claims for compensation for damages and injunctive relief
- Assertion of contractual penalties
- Representation in court