{"id":24878,"date":"2025-02-11T19:50:35","date_gmt":"2025-02-11T17:50:35","guid":{"rendered":"https:\/\/kpw-relaunch.wp1.visual4.com\/themen\/competitor\/"},"modified":"2026-04-01T15:09:01","modified_gmt":"2026-04-01T13:09:01","slug":"competitor","status":"publish","type":"topic","link":"https:\/\/kpw.law\/en\/topics\/competitor\/","title":{"rendered":"What is a competitor?"},"content":{"rendered":"\n
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Background knowledge<\/h2>\n\n\n\r\n

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What is<\/p>\n\n\n\n

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Competitor?<\/span><\/p>\n\n<\/div> \r\n<\/h1>\n\n\n

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Competitor<\/h2>\n\n

In competition law<\/a>, the term “competitor” is central to the assessment of legal issues. But what is a competitor within the meaning of the UWG <\/a>and who can be a competitor? <\/p>\n\n

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A competitor<\/strong> is any entrepreneur who is in a specific competitive relationship with one or more entrepreneurs as a supplier or buyer of goods or services<\/p>\n<\/blockquote>\n<\/div>\n\n

In order for someone to be classified as a competitor under competition law, a concrete competitive relationship between the parties involved is required.<\/p>\n\n

Concrete competitive relationship<\/h2>\n\n

A concrete competitive relationship within the meaning of competition law exists if there is actual competition between two companies on a relevant market, i.e. if both companies offer similar or substitutable products or services that are aimed at the same group of customers. Such a relationship exists if the activities of the companies compete with each other to such an extent that the business interests of one company can be directly or indirectly impaired by the anti-competitive behavior of the other. <\/p>\n\n

Criteria for the concrete competitive relationship<\/h2>\n\n

Whether or not a specific competitive relationship exists depends on the specific business act in question. It therefore depends on the specific act and not the company in general. It is therefore also irrelevant whether the parties involved belong to different sectors. Purely secondary commercial activities can also lead to a specific competitive relationship. The following criteria, for example, are used to assess a specific competitive relationship: <\/p>\n\n