Competition law

Competition law, unfair competition law

Cease and desist claims

Competiton law is a complex subject, which is explained to clients by using a lot of hardly helpful technical terms. You won’t find that here.

Online retailers oftentimes encounter competition law when receiving cease and desist claims. Online retailers then are accused of having infringed current competition law.

The accusation

Violations of competition law are diverse. Find the most common exemples hereafter:

  • Wrong or no imprint at all
  • outdates versions of revocation instructions
  • Wrong or no textile labeling
  • No LUCID registration
  • Contradictory terms and conditions
  • Wrong or no electronics labeling
  • Contradictory details on the revocation period
  • Imitation leather is referred to as leather
  • No mandatory details relating tot he sale of groceries (including wine)

How to react

The efficiency of the legal approach is my main focus. Nonetheless, the cheapest approach isn’t always the best and cheapest on the long run.

Please don’t sign a cease-and-desist declaration without careful consideration. At the end it is always the penny pitcher who gets bitten.

What to consider

Jurisdiction requires a cease-and-desists declaration to contain a contractual penalty. If the same mistake is committed for the second time, the opposing party may claim the promised contractual penalty.

How much do I have to pay?

This depends on the circumstances of the case and the violation committed. In most cases a three or four-figure amount has to be paid.

Advisory focus

I work closely with my clients on finding the best defense strategy depending on the case. 

Have you received a cease and desist claim? Don’t hesitate to contact me. You can use the contact form and upload the claim directly.

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