Attorney for German competition law

Competition law, insofar as it concerns unfair business practices, is the sub-area of intellectual property law. This area of law, which is governed by the German Unfair Competition Act (UWG), sanctions certain business acts committed by commercial enterprises in competition with each other. Classic cases are misleading advertisements. Those who obstruct their competitors or advertise in a misleading manner can be sued for injunctive relief, information and damages. Advertising with prizes or sweepstakes and contests are also frequently subject to competition law proceedings.

There are also special competition laws outside the UWG, e.g. the Heilmittelwerbegesetz (German Drug Advertising Act). Further competition law standards can be found in numerous laws, e.g. the Spirits Regulation (Regulation (EU) 2019/787).

Competition law is intended to ensure fair competition based on the merit principle. Interim injunction proceedings are favored in competition law, because under the Unfair Competition Act (UWG), urgency is presumed in competition matters.

Antitrust law is also referred to as competition law. Here, however, the focus is on legal relationships in the vertical area, for example between retailers and wholesalers or manufacturers. Typical antitrust claims of companies against dominant companies (Section 19 GWB) or companies with relative market power (Section 20 GWB) are antitrust supply claims.

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