Misleading advertising is one of the most common competition law pitfalls for businesses and is expressly prohibited under the UWG. Particularly relevant are inaccurate statements about products or services, omission of material information, and advertising that creates false impressions. The courts continuously refine the criteria for misleading conduct, making regular legal review of advertising materials essential.
The correct presentation of prices and special offers is critically important for businesses, as violations can quickly lead to cease-and-desist letters. The Price Disclosure Regulation (PAngV) and the UWG set detailed requirements for how prices must be stated — including base prices, reference prices for reductions, and the transparency of additional costs. Getting pricing communications right requires careful legal compliance.
Competition law cease-and-desist letters are part of everyday business for many companies and require quick, competent action. Competitors, qualified entities, and certain associations can demand a cease-and-desist declaration under the UWG when violations occur. The cease-and-desist letter must be carefully reviewed — it often contains claims that are legally contestable or disproportionate. Acting swiftly with proper legal support is essential.
Comparative advertising is only permissible under strict conditions: it must be objective, relate to material and verifiable characteristics, and must not mislead or discredit competitors. Aggressive commercial practices — such as high-pressure selling tactics or exploiting consumer vulnerability — are likewise prohibited under the UWG. Getting the balance right requires careful legal assessment of each case.
Competition law has two enforcement pathways: civil enforcement through cease-and-desist letters and court actions under the UWG, and regulatory enforcement by competition authorities. Civilly, competitors, qualified entities, and certain associations can assert injunctive claims. Regulatorily, the Federal Cartel Office and state competition authorities can impose fines and issue orders.
Advertising is misleading under the UWG when it contains false statements or presents circumstances in a misleading way. The decisive question is whether the advertising is likely to cause consumers or other market participants to take a commercial decision they would not otherwise have taken.
Yes — there are several defenses available against unjustified cease-and-desist letters. First, check whether the party issuing the letter has standing. Then examine whether the alleged violation actually exists. Unjustified cease-and-desist letters can themselves give rise to counterclaims for costs and damages.
Manipulated online reviews violate the UWG as both aggressive and misleading business practices. Risks include cease-and-desist letters, damages claims, and fines of up to 300,000 euros or 10% of annual turnover. Search engines may also demote sites with manipulated reviews.
Using a competitor's trademark as a Google Ads keyword is generally permissible as long as no confusion arises and the ad does not suggest an association with the trademark owner that does not exist. It becomes problematic when the ad text implies a connection that is misleading.
