Competition Law
Advertising & Fair Business Practices for Your Business
Competition law (especially the German Act Against Unfair Competition – UWG) safeguards companies, consumers, and the marketplace against unfair business practices. For your business, this means that marketing, online presence, sales, and collaborations must be legally compliant to avoid warnings, court proceedings, damages, and reputational harm, while also fostering innovation and profitability.
SCHNELLER LEGAL helps businesses identify risks early, prevent competitor attacks, and implement marketing measures professionally and legally.
What Is Competition Law?
Competition law regulates how companies operate in the market, prohibiting:
- Misleading advertising
- Illegal comparative advertising
- Aggressive commercial behavior
- Hidden advertising, such as undisclosed influencer marketing
- Market behavior giving unfair advantages, including imitation and reputation exploitation
The ultimate goal is fair competition and consumer protection.
Common Risks for Businesses
Many violations occur unintentionally, including:
- Incorrect or incomplete product labeling
- Unlawful health or efficacy claims
- Missing advertising disclosures on social media
- Misleading statements about products or services
- Copying descriptions, texts, or advertising materials
- Unauthorized use of trademarks or third-party rights
- Breaches of copyright and know-how
Even minor wording can result in major legal consequences.
Our Competition Law Services
Protect Your Company with Expert Competition Law Advice
Preventive Legal Advice
- Legal review of websites, campaigns, and advertising materials
- Risk assessment of planned marketing strategies
- Drafting statements, claims, and advertising content
- Training for marketing and social media teams on compliance
Defense & Enforcement
- Assessment and defense against cease-and-desist notices
- Guidance on undertakings, settlements, and negotiations
- Representation in injunctions and main proceedings
- Enforcement of claims against competitors
Why Digital Businesses Must Prioritize Competition Law
Digital platforms expose companies to high scrutiny and legal risk:
- High visibility increases risk of warnings and disputes
- Rapid spread of advertising statements
- Compliance with platform regulations (Amazon, Instagram, Google)
- Complex information disclosure obligations
A legally compliant digital presence is not just protective but a competitive advantage.
Key Areas of Expertise
Trademark & Design Intersections
Competition law frequently overlaps with trademark, trade mark, and design law, such as:
- Using third-party brands or company names in ads or e-commerce listings
- Imitation of product names or packaging (look & feel)
Assessing whether consumer confusion or reputation exploitation occurs
Handling Cease-and-Desist Notices
Effective management of warnings requires:
- Rapid legal assessment
- Tactical handling of undertakings
- Cost and risk mitigation
- Defense in injunction proceedings
Early missteps can lead to long-term litigation and financial exposure.
Marketing Campaign Review
We assess campaigns pre-launch, including:
- Advertising claims and comparative statements
- Third-party rights to products and marketing materials (patents, utility models, trademarks, designs)
- Compliance with mandatory disclosures
The goal: safe, compliant, and creative marketing.
Online Shops & Social Media Compliance
We cover high-risk areas such as:
- Influencer and affiliate marketing disclosures
- Product descriptions, reviews, and testimonials
- Time-limited or scarcity claims (“only today”, “limited stock”)
- Use of digital content, including photos, music, text, and AI-generated assets
Even social media posts are considered advertising under competition law.
AI-Generated Marketing Compliance
AI tools create new legal risks:
- Unverified factual statements
- Misleading product claims
- Use of protected works without authorization
- Liability for automated text and image outputs
- IP ownership issues for AI-generated content
AI does not replace legal review – it can amplify risks.
Your Advantage with SCHNELLER LEGAL
- Clear, actionable legal guidance
- Rapid assessment of competition law risks
- Practical solutions for marketing, digital sales, and advertising
- Expertise in digital and cross-border business models
- Protects your business while maintaining creative freedom