Competition Law | Antitrust Law

W/M/W LLP | Your future-we protect it

The Lawyers of W/M/W LLP have a broad experience in all aspects of national and international competition law. We also advise and represent companies and associations in all matters relating to German and European antitrust law.

Our services include reviewing the compatibility of individual agreements, such as license or distribution agreements, with national and European antitrust legislation, offering comprehensive advice to domestic and foreign companies. We also work on complex projects that may have antitrust implications.

The German Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG) prohibits certain trade practices which are considered unfair, such as misleading advertisement, illegal advertisement ("spam"), use of illegal terms and conditions or violations against consumer protection laws.

The legal remedies available in cases of unfair competition are set out in the act, too. Offenders are subject to warning letters ("Abmahnung"), cease and desist orders (injunctions) and to orders to recall or destroy the goods unlawfully advertised. According to the UWG these orders may be applied for by direct competitors, certain associations for the promotion of commercial interests, consumer protection unions and the Chambers of Industry and Trade ("Industrie- und Handelskammern") or Crafts ("Handwerkskammern").

In cases of legitimate complaints the offender has to reimburse the competitor who takes action against him for the spending  court costs and legal fees. In some German industry and trade branches it is quite common for competitors to sue each other over unfair competition claims. 

The Lawyers of W/M/W LLP are experienced troubleshooter in cases concerning unfair competition practices. Attorney at Law Sebastian Wolff-Marting is a Certified Specialist Lawyer for Intellectual Property Laws which includes the Act Against Unfair Competition (UWG). He has a record of some hundred cases in this area of practice.

Moreover W/M/W LLP also offers preemptive measures. Our Lawyers can check your website or localize your advertisement, contracts or policies to comply with German and European Law and to cause no complains by competitors or agencies. Our preemptive services can save foreign businesses high spending on fines, court and lawyer fees and a lot of trouble.