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I advise and represent companies on issues related to the German law on unfair competition (UWG: Gesetz gegen den unlauteren Wettbewerb).
This concerns warning notices and lawsuits due to unfair practices, as they are regulated in the UWG, in turn, often by way of injunction. It includes disparaging behavior towards competitors, the counterfeiting of goods and services of a competitor, aggressive market appearance as well as harassing behavior, or unfair practices because of a breach of law. Also, misleading practices in the market or unacceptable nuisance are governed by the UWG.
Advisory services and legal representation in the field of medical and pharmaceutical advertising are an integral part of the firm’s services. Clarification is often sought with respect to advertising statements relating to the differentiation of foods, food supplements and pharmaceuticals, and I represent clients both in and out of court in the event of a dispute.
Especially in case of warning notices with often short deadlines, it is necessary to respond quickly. The firm has many years of experience also in regards to various court locations and their conventions, such as differing urgency deadlines for any action in summary proceedings.
The submission of protective letters might also be required if an attack of a competitor seems imminent.
In the field of advertising, it may be necessary to examine the lawfulness of comparative advertising and whether particular statements are misleading.
I also examine possible claims under the German law on restraints of competition (GWB, Kartellgesetz), such as abuse of market power or discriminatory behavior.
Through close cooperation with competition/consumer protection associations, I am often called on to examine misleading promotional activities covered by consumer protection legislation.