Competition Law
Where is the competition law, subject to
A right, proceed against a competition violation, follows from the law against unfair competition (UWG).
The most significant antitrust claim is the claim for injunctive relief. There are also damages- and information rights.
An injunction requires no fault. An infringer can not therefore be successfully exonerated, so that, by claiming, to have no knowledge of the illegality of the specific advertising and this will also not have wanted.
Often a whole "other" violation of the law by means of competition law, however, reprimanded, such as against the Teleservices Act (eg information requirements), the Food Act, the price regulation etc.
What can make against unfair advertising of competitors
The first step is usually a warning together with the solicitation of an imitator. Although this is a competitive relationship and an action for competitive purposes factual precondition for an injunction. But these "obstacles" are low; the competitor must not in actual competition with, but it is sufficient potential.
What does the delivery of a declaration of
By placing an imitator, the violator shall, to refrain from anti-competitive behavior in the future, on pain of a penalty. The amount of the penalty depends on the seriousness of the offense. They often amounts to more than 5,200,– €. The submission of a declaration of failure without adequate contractual penalties is not sufficient, to satisfy the need for legal protection of competition (no serious eliminating the risk of repetition). It is not enough, actually to refrain from future violations alleged in the warning. Following submission of a declaration of all necessary and reasonable measures must be taken, to the unlawful conduct to refrain from immediately.
The release of the declaration of their acceptance and regulates the competitive relationship within the contractual limitation periods, whereas a 6-month limitation period for antitrust claims. Therefore also its delivery and content should be accurately considered – the declaration of, demands of competitors, the, is often far above average.
What can happen, if no cease and desist letter is issued
If there is no sufficient content desist, may take legal action by the competitor. After the expiry of a warning – often short – bemessenen Deadline, is a frequently performed procedure einstweiliges available. As an application for an injunction is only permitted, as long as the matter was dealt with "urgent" by the applicant, Only a few weeks elapse between knowledge of the violation and request. The court may decide without a hearing in a few days and order the infringer to cease by resolution. The resulting additional costs will be borne by the infringer.
What happens after an injunction
The injunction is only "temporarily", So neither definitive or even particularly resistant limitation period. Why then is the call, one (in turn inducing charge) Submit final declaration. The defendant acknowledges that the injunction as a final rule and to dispense with the execution of the main method. If the latter does not, can draw near to the main proceedings further cost to the infringer.
The rest can be appealed against the injunction or the cost of conflict, so then a hearing would be conducted and the court will decide again about "his" available.
