Competition Law Attorney in Germany

Under German competition law (UWG), a cease and desist letter (Abmahnung) is an out-of-court demand to cease a specific conduct and provide an enforceable undertaking (Unterlassungserklärung). Do not react hastily: Deadlines are often set very short, but not every cease and desist letter is justified. First have the legitimacy examined by a German specialist attorney before signing an undertaking – this binds you permanently and can result in high contractual penalties. A modified or attorney-reviewed declaration is usually the better solution.

Costs under German law depend on the value in dispute (Streitwert) and the chosen procedure. For defense, costs include legal counsel and correspondence. If you assert your own claims, costs arise for cease and desist letters or preliminary injunctions, which you recover from the opponent upon success according to German civil procedure. In the initial consultation, you receive a realistic assessment of expected costs and cost risks. Often disputes can be resolved out of court and thus more cost-effectively.

In German competition law, the principle applies: those who hesitate lose. Competition violations must be objected to immediately, otherwise waiver (Verwirkung) or tolerance may occur. For preliminary injunctions (einstweilige Verfügung), particular urgency is required – German courts examine whether you acted without culpable delay. Ideally, you should become active within a few days of learning about the violation. Upon receiving a cease and desist letter, you often have only a few days to respond. Therefore, contact a German specialist attorney immediately to avoid missing deadlines.

Under the German Unfair Competition Act (UWG), advertising is generally free as long as it is not misleading, aggressive, or against good morals. Particularly problematic under German law are: unsubstantiable superlatives (“best product”, “lowest prices”), misleading statements about characteristics or availability, concealed advertising, inadmissible comparisons with competitors, health-related claims without authorization, and loss-leader offers. Every advertising claim must be truthful, verifiable, and unambiguous. Preventive legal review of your advertising materials for German law compliance saves you expensive cease and desist letters and court proceedings.

A preliminary injunction (einstweilige Verfügung) is an expedited German court procedure with which you can quickly stop unfair competitive practices without having to wait for lengthy main proceedings. It is advisable in urgent cases where danger is imminent and every day counts – such as ongoing misleading advertising campaigns or product piracy. Prerequisites under German law are grounds for injunction (Verfügungsgrund – urgency) and a claim for injunction (Verfügungsanspruch – demonstrable violation). German courts often decide within a few days without oral hearing. A preliminary injunction is a sharp sword but requires careful preparation.

Yes, German competition law also protects against violations by foreign providers, provided the advertising or conduct affects the German market. This particularly applies to online retailers and international e-commerce platforms selling in Germany. For cross-border situations, however, special considerations in German international private law, service of process, and enforcement must be observed. As an attorney licensed in Germany with international experience, I can advise you on enforcing your rights against foreign competitors operating in the German market.

The best strategy is preventive legal counsel on German law compliance: Have your advertising materials, product descriptions, terms and conditions (AGB), cancellation policies (Widerrufsbelehrung), and shop systems reviewed for German law compliance in advance. Special attention is required for pricing information, availability notices, health-related claims, and comparative advertising under the UWG. Train your marketing and sales staff on the basic rules of German competition law. Monitor German case law and adjust your practices as needed. A one-time investment in preventive counsel is significantly cheaper than subsequent defense costs and damage claims under German law.

The most frequent grounds for cease and desist letters in German online trade are: incorrect or missing imprint information (Impressum), incomplete cancellation policies (Widerrufsbelehrung), non-transparent pricing (without shipping costs or VAT as required by German law), misleading availability information, inadmissible review manipulation, missing labeling of advertising in influencer marketing, violations of GDPR and German cookie law, and unlicensed product images. Many of these errors can be avoided through professional legal review for German law compliance and implementation of compliant processes.