Legal Assistance in Competition Law

A cease-and-desist letter is an out-of-court request to refrain from a specific course of conduct, such as misleading advertising. Its purpose is to avoid disputes without immediately initiating legal proceedings.

Review the warning letter immediately and make a note of the deadline for responding. Contact a lawyer who specializes in this area before signing a cease-and-desist letter, as this can have far-reaching consequences.

A preliminary injunction is a court order issued quickly to halt a violation of competition law on short notice. It may include sales bans, advertising restrictions, or product recalls.

Failing to comply with a preliminary injunction can have serious consequences, such as hefty fines or even imprisonment for company executives. It is therefore essential to take action promptly.

Yes, it is advisable to respond. If you ignore a cease-and-desist letter, the sender can apply for a preliminary injunction. In some cases, however, it is possible to contest the cease-and-desist letter.

The deadlines for cease-and-desist letters are often very short, typically just a few days. For preliminary injunctions, there are also tight deadlines for filing objections and appeals, which are usually specified in the injunction itself.

The costs depend on the amount in dispute, which is specified in the cease-and-desist letter or order. Recipients of cease-and-desist letters are often required to pay the opposing party’s attorney’s fees if the cease-and-desist letter is justified.

By signing the cease-and-desist letter, you agree to refrain from the disputed conduct in the future. However, it may result in contractual penalties in the event of violations, which is why it must be worded carefully.

Market conduct rules are legal regulations that ensure fair competition, such as the Price Indication Regulation, the Packaging Act, or the Law on the Advertising of Medicines. Violations can result in warning letters.

Common cease-and-desist letters concern misleading advertising, incorrect price listings, incorrect product labeling, and unauthorized health claims.

Yes, in many cases there are defense strategies. A specialized attorney will assess whether the cease-and-desist letter is justified and whether it makes sense to mount a defense.

The procedure is generally expedited. The petitioner files the petition with the court, and the court usually renders a decision without hearing the respondent. However, it is possible to appeal the decision.

Yes, in cases of antitrust violations, competitors may, under certain circumstances, assert claims for damages, particularly if they have suffered financial losses as a result of the conduct in question.

By conducting regular legal reviews of your marketing activities, product labeling, and terms and conditions, you can avoid potential violations.

Online retailers must comply with numerous rules governing market conduct, such as transparent pricing and complete product labeling. Violations are often quickly detected and result in warnings.