In free competition, not only performance counts – fairness is also required by law. The Act against Unfair Competition (UWG) In free competition, not only performance counts – fairness is also required by law. The Unfair Competition Act (UWG) forms the central legal basis. It protects competitors, consumers, and other market participants from unfair, misleading, or aggressive business practices.
Competition Law
The most important regulatory areas of the UWG include:
- Misleading advertising: Prohibition of deceptive statements about prices, product features or commercial advantages.
- Comparative advertising: Permitted only under strict conditions – unfair denigration of the competition is not permitted.
- Unreasonable harassment: For example, through unsolicited telephone advertising, spam emails or aggressive sales methods.
- Iimitation of products and services: Protection against unfair exploitation of third-party services and risk of confusion.
- Significant impairment of interests due to violation of market conduct rules (breach of law): Section 3a of the German Unfair Competition Act (UWG) links competition law with other areas of law, such as data protection, environmental law, consumer law, and professional law. Anyone who violates legal obligations that serve fair competition risks consequences under competition law—not just regulatory ones. Examples include violations of the Price Indication Ordinance (PAngV), the Medicinal Products Advertising Act (HWG), the GDPR (e.g., lack of a data protection declaration), or labeling requirements.
Our AVANTCORE team of experienced lawyers and specialist attorneys supports companies of all sizes and across all industries in matters of competition law with in-depth expertise and consistent representation. We represent our clients nationwide in out-of-court disputes as well as before regional and higher regional courts, ensuring practical and legally sound solutions.
Our services in competition law:
- Exam and Defense against warnings under competition law
Whether due to misleading advertising, missing mandatory information in the online shop or inadmissible advertising measures – we examine the justification of the warning and represent you out of court and in court. - Enforcement of your claims in the event of competition violations
Your competitor is not playing by the rules? We support you in enforcing claims for injunctive relief, damages, information and
die Erstattung von Rechtsverfolgungskosten– zügig und zielgerichtet. - Advice on advertising and marketing measures
Legally compliant advertising is essential to avoid risks. We review your advertising materials, websites, and sales strategies for potential violations of the German Unfair Competition Act (UWG) – preventatively and practically. - Support with market entry and product placement
Whether new services, products or sales channels – we accompany you through the start-up phase in a legally compliant manner and identify competition law risks at an early stage. - Representation in interim injunction proceedings
Competition violations cannot be delayed. If necessary, we will enforce your claims through expedited proceedings – quickly, effectively, and with the necessary sensitivity.
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