Competition law, also called fair trading law is the – mainly non intellectual property rights – part of the Intellectual Property Protection. Concerning this law field of unfair competition (UWG) certain competitive practices of commercial operators are prohibited. He, who for example impedes competitors or advertise in a misleading or unfair way, can be sued for injunctive relief, disclosure and compensation.
Competition law has its function in ensuring a fair and based on an achievement principle based competition. Injunction proceedings are favored, due to the fact that in refer to competition matters the urgency of a matter is statutorily presumed.
A key term in the competition law, since entry into force of the new rules of the Law on Unfair Competition, is the so called “geschaeftliche Handlung” “business act”. This term replaces the former term “ “Wettbewerbshandlung” “advertising action”.
Author: Unfair competition specialist lawyer Thomas Seifried