Background knowledge

Head office

to combat UN unfair

Competition.

Wettbewerbszentrale

The Central Office for Combating Unfair Competition (Wettbewerbszentrale) has established itself in Germany as an independent institution dedicated to combating unfair business practices and promoting fair competition. Its aim is to protect and inform consumers and competitors against unfair competition. It performs both advisory and enforcement functions in order to ensure functioning and transparent competition.

Tasks of the Wettbewerbszentrale

The central tasks of the Wettbewerbszentrale can be divided into three main areas:

Prevention and education:
Through information campaigns, guides and statements, the Wettbewerbszentrale helps to educate companies and consumers about the basics of competition law and unfair business practices. The aim is to identify and prevent abuse and unfair competition strategies at an early stage.
Enforcement of competition law:
The Wettbewerbszentrale takes an active stance in the event of violations of competition law – for example in the case of misleading advertising, unfair pricing strategies or unlawful business practices. It investigates complaints, issues warning letters and, if necessary, works with the authorities to punish infringements.
Advice and support:
In addition to preventive work, the Wettbewerbszentrale also offers companies and consumers advisory services. This includes advice on complying with legal requirements and avoiding legal infringements in competition.

We have already represented many companies that have been the target of a competition law cease and desist letter or lawsuit by the Wettbewerbszentrale.

Received a cease and desist letter?

How to react

You are best advised to

cease and desist letter!

A cease and desist letter, e.g. for infringement of competition law, industrial property rights or copyright, should always be taken seriously, as it can have considerable legal and financial consequences.

Timely and professional advice is crucial in order to minimize risks and develop the right strategy.

Check cease and desist letter: Have the cease and desist letter legally checked. Not every cease and desist letter is justified, formally correct and abusive cease and desist letters are unlawful.
Observe the deadline: Be sure to respond within the set deadline to avoid further legal action such as an injunction or a lawsuit.
Check the cease-and-desist declaration: Do not sign a pre-formulated cease-and-desist declaration without legal advice. It could be too far-reaching and lead to considerable and lasting disadvantages. Once a cease-and-desist declaration has been signed, it is almost impossible to get rid of it and can result in considerable follow-up costs in the form of high contractual penalties.
Strategy: Regardless of whether the cease and desist letter is justified or not, you should consider the right strategy for responding to the cease and desist letter with professional support. Many aspects play a role here. For example, there may be formal errors or the submission of a cease-and-desist declaration may involve incalculable risks.