In principle, freedom of competition applies in Germany as in many other regions worldwide.

In Germany, this freedom is restricted, among other things, by the Unfair Competition Act (UWG). The law serves to protect all market participants from unfair business practices.

In the event of infringements, competitors can react with warnings, which can result in the issuance of a cease-and-desist declaration and the payment of damages. In Germany, the costs for justified cease-and-desist letters must be paid by the party infringing the UWG.

Because the courts in Germany are of the opinion that they have international jurisdiction for a great many disputes, simply because, for example, a website can be accessed in Germany, the UWG should be observed.

However, it is not uncommon for warnings to be issued without justification or for claims to be asserted too broadly. In such cases, expert advice from an experienced lawyer provides certainty and security. If the warning is indeed unjustified, we will assert your interests.