A competitor or an association accuses your company of a breach of German competition law, for example in advertising, price information or the mandatory information in an online shop. It demands a cease-and-desist declaration backed by a contractual penalty, often within a few days, and reimbursement of its lawyers’ fees.
What matters now
- Take the deadline seriously. Letting it pass risks a preliminary injunction, often without a prior hearing.
- Do not sign the enclosed declaration unchecked. It usually binds permanently, is linked to contractual penalties and is often broader than necessary.
- Whether the warning is justified, and whether the sender is entitled to send it at all, deserves its own review. Abusive warning letters do occur.
- Secure the challenged state with a date (screenshot, PDF) and, where sensible, remedy it provisionally.
- Neither pay nor negotiate with the other side before the review.
Documents I need
- the warning letter with all enclosures and the date of receipt (envelope or email)
- the challenged advertising or page as a screenshot or PDF
- earlier warning letters or declarations already given
- who in the company is responsible for the challenged advertising
Next steps
Send me the documents by email to kanzlei@bauer.legal or use the appointment request, and mention any deadline that is running. I usually reply within one working day and let you know how things can proceed. You can write to me in English or German. If the deadline is close, it is best to call: +49 33365 784007. How we work together and how fees are charged is explained under How we work together.
More: Unfair competition law.
This page gives a general overview of German law and does not replace advice on the individual case.