Competitive situations (including competition law and warnings injunction proceedings)

What is it about?

Competition law is in contrast to antitrust law advertising law; regulated the manner of advertising in terms of a single measure of the marketing mix. This is done regardless of the medium used, and detached from the relevant public. So it turns (also) represents a single letter of a company to a customer already as "advertising" in the legal sense.

Against anti-competitive behavior, the procedure is usually done by a warning along with solicitation of a imitator. It is an unregulated legal institution. A sample warning letter can be found here. The right Abgemahnt must usually abmahnenden the competitors will refund the cost of the lawyer's use. These costs start at around. 500 EUR in the case of relatively simple, "Hazardous" violations and to quickly reach the middle four digits. Even in light of this fact, the prior examination of the marketing activity is recommended.

Are otherwise not sufficient content desist, may take legal action by the competitor. After the expiry of a warning – often short – bemessenen Deadline, can einstweiliges available procedures are performed. The overall process is able to include two and three summary proceedings on the merits.

What can we do?

The focus of the Act to restrict unfair competition (UWG) is advising on the marketing and distribution of products, Services or the transmission of ideas. Any good advertising to its own products, Prove services or the advertising company at the potential recruits especially. The better an advertisement, the more critical the question of fairness.

In anticipation of a measure of the marketing mix of the companies we serve, we advise as to minimize antitrust risks and optimize the desired advertising effect. This costly warnings or court proceedings can be avoided and defense- strengthen or attack positions.

Besides this activity in advance of an event while we take care of the legal aspects of the implementation, to respond to legal reactions third short. We target to competitor our clients before.

The activity of Horak lawyers in the area of ​​competition law is also preceded by the industry-specific legal and economic interests of our clients. We follow the particular z. B. the cure-, of food law or the pharmaceutical- and Medical Devices.

We are watching developments in European law and let our knowledge thereof incorporated in our guidance.

In the following, non-final cases, we are actively:
• Examination of individual advertising campaigns (traditional and new media);
• Check the external corporate communications;
• preparation of legal opinions;
• Creation of competitive strategies;
• enforcement of competition law claims;
• Defence of alleged claims of your competitors.

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