Here in the law firm internetrecht-rostock.de I was given a warning from the competition center (Central Office for Combating Unfair Competition, Frankfurt am Main eV) for review and advice. If you have also received a warning, I will be happy to advise you on the matter.
Regarding the present warning:
The competition center warns of an allegedly misleading price advertisement in an internet shop. The warning reached our clients after December 1st, 2020. The new formal requirements will also apply to the Competition Center after the law to strengthen fair competition came into force. If the new formal requirements are not complied with, there is no entitlement to reimbursement of the warning costs, and the warning can also be unlawful.
Regarding the demands in the present warning:
The admonished person should first submit a cease and desist declaration. The attached pre-formulated declaration provides for a contractual penalty regulation in addition to the omission obligations. Unusually high for the competition headquarters, warning costs of € 350.00 net are asserted.
My assessment:
A warning from the competition headquarters is relatively inexpensive compared to a warning issued by a lawyer for a competitor. Irrespective of this, however, the competition center also demands a declaration of cease and desist with a contractual penalty. In our impression, the competition headquarters usually act on the basis of a complaint. This aspect has a significant impact on the question of how to react to a warning from the competition headquarters.
As part of a legal advice on a warning from the competition headquarters, it should always be checked whether the warning complies with the new formal requirements due to the change in law on December 2nd, 2020.
My recommendations:
- Under no circumstances should you prematurely sign the pre-formulated cease and desist declaration without legal advice.
- Don’t make a payment without checking.
- First, seek legal advice.
About me and my work:
As a specialist lawyer for intellectual property law in my law firm Internetrecht-Rostock.de, I advise warned people like you on a daily basis and therefore have experience from a large number of warning proceedings.
The law firm Internetrecht-Rostock.de has been providing information on its website of the same name for more than 10 years with over 2,500 articles on topics for online retailers and advising a large number of online retailers on securing their presence.
I will advise you nationwide by telephone at short notice. As part of my advice, I will discuss the legal situation and the various alternative courses of action with you, along with their respective advantages and disadvantages. You will of course also receive specific recommendations from me for how to proceed.
Did you also receive a warning?
If you have also received a warning from the competition headquarters, you can easily get in touch with me using the contact details provided:
- Just give me a call.
- Send me an email.
- Or send me a message using the “Send message” function.
Johannes Richard
Lawyer
Specialist lawyer for intellectual property law
–
