Win fair.

Unfair competition law – in Germany often simply called competition law (Wettbewerbsrecht) – governs what is permitted in the competition for customers: advertising, price information, reviews, comparisons and dealings with competitors. Its main basis is the German Act against Unfair Competition (UWG).

It usually starts with a cease-and-desist letter (Abmahnung). A competitor or an association demands that you stop an advertisement, a statement in your online shop or a business practice, and sets a short deadline for doing so. Or the other way round: a competitor gains an advantage by unfair means, and you do not want to accept that. I represent companies on both sides, those sending and those receiving cease-and-desist letters, out of court and before the courts. This includes companies based abroad that sell to customers in Germany.

You have received a cease-and-desist letter

A cease-and-desist letter usually sets a short deadline and contains a pre-drafted declaration to cease and desist with a contractual penalty. I examine for you:

whether the allegation is correct and the letter meets the legal requirements,
whether the sender is entitled to send it at all and whether there are signs of abuse,
whether, and in what amount, you have to reimburse costs,
what a declaration could look like that ends the matter without binding you more than necessary,
whether a protective letter (Schutzschrift) against a preliminary injunction makes sense.

I then negotiate with the other side or represent you in court.

You want to take action against a competitor

Anyone who tolerates unfair competition loses customers to competitors who do not play by the rules. Together with you, I secure the evidence, send a cease-and-desist letter and enforce your claim to injunctive relief, if necessary in summary proceedings by way of a preliminary injunction. Depending on the case, this may be followed by claims for information and damages and by enforcement of an agreed contractual penalty if the competitor repeats the infringement.

Topics

Misleading advertising – statements about characteristics, origin, quality or availability that are untrue or can be misunderstood.
Price information and strike-through prices – total price, unit price, shipping costs and advertising with price reductions.
Environmental claims – “climate neutral”, “eco-friendly”, sustainability labels. Considerably stricter rules apply from 27 September 2026.
Customer reviews – authenticity, bought or filtered reviews and the mandatory notices on them.
Influencer and affiliate marketing – when posts must be labelled as advertising.
Comparative advertising – what is permitted and where the disparagement of competitors begins.
Mandatory information in online shops – imprint, withdrawal notice, order and cancellation buttons, T&Cs.
Advertising by e-mail, telephone and messenger – consent, newsletters, unsolicited advertising calls.
Marketplaces and platforms – offers on Amazon, eBay and other platforms, product information and the seller’s responsibility.
Breach of statutory rules as unfair competition – when competitors pursue breaches of, for example, labelling, product safety or accessibility requirements.
Data protection in competition – when competitors send cease-and-desist letters over data protection breaches.
Imitation of products – protection against copies even without a registered right.
Trade secrets – protection of know-how, customer lists and calculations, also against former employees.
Obstruction of competitors – targeted poaching, diverting customers, misuse of trade marks and domains.
Prize games and discount campaigns – terms of participation and transparency.
Health-related advertising – advertising for products with a health connection.
Antitrust law in distribution – resale price requirements, platform bans and other restrictions in distribution agreements.

Typical issues

Often the question is

whether, and in what form, a declaration to cease and desist is given and what the contractual penalty means,
what happens when the deadline in a cease-and-desist letter expires,
who bears the lawyer’s fees for the cease-and-desist letter,
whether a cease-and-desist letter is abusive,
how quickly anyone wanting to send a cease-and-desist letter or obtain a preliminary injunction must act.

How to get started

Send me the cease-and-desist letter or a short description with screenshots by e-mail. With a cease-and-desist letter the deadline is what counts, so please get in touch as early as possible. You can write to me in English or German. Procedure and fees, including for the initial contact, are set out under Services and fees.

Related topics: Intellectual property (trade marks, copyright), IT law (e-commerce, data protection), Media law (reviews and statements online), Training.