Unfair competition
Unfair competition encompasses practices that exceed the bounds of fair market competition and harm the competitive environment. It manifests in various forms – from misleading advertising and exploiting reputation, to misappropriation of trade secrets and systematic poaching of employees. In today’s hyper-competitive environment, such practices can directly threaten brand value, customer trust, and investment returns. A swift, strategically guided legal response is therefore crucial to protect market position and long-term business interests.
Our approach
We provide our clients with comprehensive protection against unfair competition through a combination of preventive measures, immediate procedural responses, and targeted enforcement of rights. We understand that timing is critical in a competitive environment – therefore, we ensure both prompt interim measures and a systematic long-term strategy. Our solutions integrate legal precision with business acumen, protecting not only formal rights but also the tangible value of your business.
Key areas of focus
We provide legal protection against all forms of unfair competition, including misleading advertising, reputation parasitism, and misuse of trade secrets. We represent clients in litigation seeking injunctions against unfair practices, claims for damages, or remedies to address the consequences. We implement urgent measures to ensure immediate protection of rights. We establish preventive frameworks to safeguard know-how and sensitive information. We handle disputes involving employee poaching, breaches of non-compete clauses, and digital environment practices, such as fake reviews or algorithm manipulation.
Added value for your business
We help established companies protect their market share from predatory practices by new entrants. For startups and challengers, we ensure fair conditions against dominant competitors. We provide technology firms with protection for their know-how and intellectual property against industrial espionage. Retail and consumer brands are safeguarded against misleading advertising and reputation parasitism. For service companies, we help retain key employees and customers despite competitors’ efforts to systematically weaken their position.
Practical challenges and risks
Tolerating unfair practices leads to a gradual loss of market share and profits. The leakage of trade secrets can devalue years of investment in research and development. Competitors’ misleading advertising damages the brand and diverts customers. Employee poaching disrupts operations and threatens service continuity. Delayed responses reduce the chances of a successful defense and complicate evidence gathering.
Our practical solutions
In cases affecting clients’ key business assets, we can rapidly activate legal protection and subsequently secure decisions that permanently stabilize their market position. In instances of misleading advertising, we combine litigation with filings to regulatory authorities and a coordinated media strategy. For systematic employee poaching, we design effective defensive mechanisms – from incentive and retention programs for key personnel, through contractual non-compete clauses, to immediate legal actions against unfair practices by competitors. In the digital environment, we represent clients in disputes over the use of keywords in online advertising, defend against review manipulation, and protect against unfair practices on online platforms.
Our services in the area of unfair competition
Protection Against Unfair Competition
• Litigation concerning unfair competition practices
• Injunctive measures
• Compensation for damages and restitution of unjust enrichment
• Cease and desist notices
• Negotiations for out-of-court settlements
Trade Secrets
• Trade secret protection programs
• Non-disclosure and confidentiality agreements (NDA)
• Investigation of unauthorized use of trade secrets
• Criminal complaints and representation in criminal proceedings
• Preservation and securing of forensic evidence
Competitive Practices
• Misleading and comparative advertising
• Passing off and parasitic competition
• Customer confusion and likelihood of association
• Unfair commercial practices
• Unfair practices in the digital environment (online advertising, reviews, platforms)
Employee Mobility
• Non-compete clauses and customer non-solicitation
• Team transfers and systematic employee poaching
• Protection and retention of customer relationships
• Enforcement strategies and defensive mechanisms
Preventive Measures
• Training on compliance with competition rules
• Frameworks for handling business information
• Protective documentation and internal guidelines
• Monitoring of competitive behavior
• Crisis response protocols and rapid legal intervention
Contact us for immediate assistance with unfair competition – we will assess the situation and propose a strategy for swift and effective protection of your interests.
