Competition Law

What a competition law cease-and-desist letter demands

A cease-and-desist letter is an out-of-court demand to stop infringing conduct in the future. It is issued by competitors or qualified trade associations and almost always contains four demands:

• Injunction – with a penalty-backed undertaking
• Disclosure of the nature and extent of the violation
• Acknowledgement of liability for damages
• Reimbursement of cease-and-desist costs

Typical grounds: misleading advertising or price information, defective T&Cs or missing mandatory disclosures, unfair practices on online marketplaces, unlawful top-position claims such as "No. 1" or "test winner".

Received a cease-and-desist letter – what now?

Is the cease-and-desist letter actually justified? Not every cease-and-desist letter is legally sound. We assess whether a competition violation actually exists, whether the sender has the right to issue the letter and whether all formal requirements have been met.

Is the cease-and-desist undertaking too broadly worded? The attached undertaking almost always goes beyond what is legally necessary. Anyone who signs it unchanged commits to more than necessary – with long-term consequences.

What are the alternatives? Depending on the individual case, a modified cease-and-desist undertaking, a protective brief or entering settlement negotiations may be the better solution. We advise you – and act immediately where necessary.

Taking action against competitors

When a competitor gains an advantage through unfair practices, this harms not only you but distorts the entire market. We review your competitors' conduct for compliance with the UWG (Unfair Competition Act) and develop a strategy that acts quickly and is legally sound.

Preliminary injunction – the sharpest instrument

The preliminary injunction enables a court prohibition within days – without the opposing party being heard in advance. Violations can be sanctioned with fines of up to €250,000 per violation.

Urgency is a prerequisite. Those who wait too long after becoming aware of a violation lose the right to emergency proceedings. Depending on the competent Higher Regional Court, between four weeks and a maximum of two months remain.

We represent you on both sides: we apply for preliminary injunctions on your behalf – and prepare defence submissions or file objections when an injunction has been issued against you.

Protective brief – acting preventively

Do you anticipate a preliminary injunction? A protective brief filed in the central protective brief register gives the court the opportunity to hear both sides before a decision – and in many cases prevents the issuance of an injunction without a hearing. We file it strategically and tailored to the specific case.

Main proceedings – litigation in court

The preliminary injunction stops the violation but does not replace main proceedings. Anyone who wants damages, disclosure of the extent of the violation or reimbursement of their legal costs must file suit. Competition law litigation is not routine – the subject matter is specialised and early mistakes are difficult to correct.

Proceedings before authorities

We also represent you in proceedings before consumer protection and competition authorities – for example when the federation of consumer centres files complaints or authorities threaten fines.

Review of advertising & campaigns

We review your online presence, advertising measures and products for cease-and-desist risks and show you specifically what needs to change – and what can remain without concern. We do not think in terms of prohibitions but in terms of solutions: what is permitted? How can the goal be achieved in a legally compliant manner?

Legally compliant design of T&Cs & online shops

Defective T&Cs, missing mandatory disclosures or incomplete cancellation policies are the most common grounds for cease-and-desist letters. We design and review your T&Cs, cancellation policies, privacy and imprint texts – tailored to your business model.

UWG compliance advice

For companies that advertise regularly or operate in competitive markets, systematic compliance advice is worthwhile: we work with you to set up processes by which new advertising ideas, campaigns or products are reviewed for competition law compliance before launch – quickly, pragmatically, documented.

Training for marketing & sales

Most competition law violations arise not from bad intent but from ignorance. We train your marketing and sales teams on the typical pitfalls: misleading advertising, top-position claims, influencer labelling, comparative advertising.