Whatever the industry and the market position, there is virtually no company that can do without advertising. Companies use different forms and types of marketing measures to acquire new customers and maintain existing business relationships. Unfair competition jeopardises the existing customer base and therefore undermines the development of a company. When choosing their approach to advertising, companies must comply with certain legal framework conditions that are, inter alia, stipulated in the German Law against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb/UWG). That law as well as a multiplicity of special legal rules contain an almost unmanageable number of instructions and prohibitions that need to be complied with. Anti-competitive advertising may very quickly turn into a very costly exercise irrespective of the reputational damage that it frequently entails.
We advise companies on all questions involving competition and fairness-related laws. Part of this work includes the analysis of, inter alia, planned advertising measures and campaigns. In addition, we assist our clients while they engage in strategic considerations concerning their marketing concepts. We enforce any claims based on unfair competition in the courts throughout Germany if necessary. We fend off any complaints made against the marketing concepts of our clients irrespective of whether they are instigated by competitors or associations with the corresponding authorisation.