Protection of competitors
Competition law regulates fair competition for services between competitors. If a competitor violates these rules or if competitors obstruct each other deliberately and by unfair means, this can result in claims for injunctive relief and damages, which we enforce, defend and secure both in and out of court.
Restraining orders are a common instrument for enforcing competition law claims out of court. It is important to respond quickly and accurately to warnings in order to avoid legal proceedings or to safeguard the legal position of the addressee of the warning.
Competition law sometimes protects product designs against plagiarism even though no design, community design or trademark (e.g. the 3D format) has been registered. We have many years of extensive practical experience in protecting product designs against plagiarism through competition law. In this respect, we rely on a network of international colleagues to assert these claims internationally, if necessary.
We offer well-founded and technology and innovation-oriented consulting for legally compliant marketing, especially in online marketing and advertising with influencers and opinion leaders. We develop tailor-made compliance measures with you. In the inevitable grey areas we show you ways and means of minimising risks.
Information and labelling requirements
To protect consumers, comprehensive information and labelling requirements apply in the EU and in Germany. We advise you, for example, in the area of health claims, the legally compliant design of online offers, but also the labelling of textiles and technologically complex products.
We advise manufacturers on the establishment of distribution systems and accompany the introduction of new contract structures. For online retailers, we take action against antitrust restrictions on individual distribution channels or forms of advertising.
- We are advising a leading manufacturer of dietary supplements on the re-organisation of its distribution system and the transition to selective distribution and a commission model.
- We are advising a fashion retail platform on the implementation of shop-in-shop distribution models for their own brands and third-party luxury brands.
- We are advising an innovative manufacturer of household robots on the design and coordination of a selective distribution system and its implementation throughout Europe.
(Selective) distribution systems
We are assisting and advising brand manufacturers – primarily in the fashion, food and technology sectors – to develop, implement and enforce distribution systems that protect the luxury image, innovation and technical complexity of their products and tackle the phenomenon of the unofficial grey market. Together with our clients, we are developing the criteria for selective distribution systems which are tailor-made for their brand, products and market positioning and cover both the German and the European market.
We are advising monitoring systems used against the grey market and enforcement strategies up to and including the enforcement of distribution restrictions in court.
It is not uncommon for brand manufacturers to impose unlawful distribution restrictions on their distributors and to impose sanctions when price fixing, advertising restrictions or bans on Internet distribution channels are not respected. We can provide you with competent and rapid support if you suspect or have a complaint about antitrust infringements in regard to distribution.