Unfair Competition – UWG
“What pleases is permitted”
This phrase from Goethe’s play Torquato Tasso is often misappropriated by less scrupulous market participants to unabashedly gain an unjustified advantage over law-abiding competitors through dishonest business practices.
The Law against Unfair Competition (UWG 1984, especially with the 2007 amendment) aims to prevent such methods and ensure fair competition based on merit. Given the complexity of potential violations, the so-called “general” clause prohibits generally unfair business practices, which may consist of aggressive or misleading practices in particular.
These terms are further defined in the so-called “specific” general clauses. Concrete offenses that are considered unfair are listed in a “blacklist”.
Sometimes, the betrayal of trade secrets and business secrets can lead not only to compensation but also to criminal consequences under certain circumstances.
To be able to enforce claims for injunction (often with publication of the judgment) and perhaps even for damages, solid evidence of a violation is naturally required. With our 40 years of expertise in the detective and security industry, we can assist you in obtaining such evidence.
Do you have any questions or would you like to arrange a free consultation?