Free competition is an achievement that contributes significantly to the functioning of our market economy and is therefore an essential component of our market economy.
The starting point is the economic competition between different competitors. Competition is therefore a protected good that is at the centre of competition law. Competition law includes unfair competition law (UWG) – the law that regulates the relationship between market participants; and antitrust law (GWG) – the law that regulates fair competition at the state level.
Every company, whether large or small, is in competition with companies in the same sector. They are in competition with each other. Fair competition is characterised by the fact that you can continue to operate efficiently and run your own company successfully despite the competition. Competition law should guarantee and regulate fair competition. In times of increasingly fierce competition and growing rivalry, it can happen all too quickly that the legal limits of what is permitted are exceeded and market participants become liable to prosecution for unauthorised actions or conduct.
This repeatedly leads to unfair business practices against competitors or collusion in order to achieve economic advantages.
Antitrust and unfair competition law is intended to prevent such impairments.
This is because it is important to guarantee the individual freedom of action of market participants and to limit economic power in order to ensure the preservation of a market-based, competitive economic system.
As market participants, entrepreneurs should know what they are legally allowed to do vis-à-vis competitors and what they can do if their rights are violated.
Those who have good legal advice on competition law gain an advantage over their competitors. Because care and prevention are the greatest virtues in this highly topical issue.
We handle a wide range of matters and cases in competition law. These range from the defence against unjustified warnings to the enforcement of your rights against unfair competition.
Preventive advice on competition and antitrust law issues in order to identify and minimise competition law risks.
Advice on the correct course of action when receiving warnings and injunctions, for example from a competitor or a consumer protection organisation, to defend against possible legal consequences.
Preparation of cease-and-desist declarations and advice on problems in connection with claims for damages.
The drafting of contracts, for example licence, distribution and settlement agreements, as well as the review of existing contracts for compatibility with current competition and antitrust law requirements.
Support in contract negotiations relevant to competition law, such as licence negotiations.
We support you with our legal expertise in the defence against competition law infringements by competitors.
Legal advice and representation in court in antitrust investigations and proceedings, for example due to suspected price fixing or abuse of a dominant market position.
Advice and strategies relating to the protection of secrets in accordance with the provisions of the German Trade Secrets Act (GeschGehG) in order to protect your own property rights and intellectual property in a competitive environment.
Corporate law advice and competition law assessment in corporate transactions such as planned mergers, takeovers or other forms of business combinations to avoid antitrust problems.
The attorneys at white ip | Patent & Legal understand the challenges and legal requirements that companies in various industries face in competition law and are happy to advise you on all aspects of competition law. Contact us.
Our partner, the white ip | Business Solutions GmbH, advises you on the economic aspects of intellectual property.
white ip | Patent & Legal
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