Defending Competition-Law Claims

Defending a competition-law claim requires more than disputing the accusation. Standing, the legal rule relied on, evidence, urgency, scope of relief and possible abuse objections should be examined systematically.

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Substantive defence

The challenged practice should be analysed in its actual market context. A screenshot or isolated phrase may not reflect the complete consumer impression or the current version of the offer.

Procedural defence

In urgent proceedings, timing and procedural options can be as important as the substantive merits. In ordinary proceedings, evidence and allocation of the burden of proof may shape the strategy.

Costs and settlement

The commercial objective should guide the response. Where a narrow correction resolves the actual risk, settlement may be efficient; where the claim is unfounded or overbroad, a robust defence may be appropriate.

Preparing a competition-law review

Please preserve the complete advertisement, shop page or marketplace listing, including screenshots with date, URL and surrounding context. Any cease-and-desist correspondence, proposed undertaking, invoices and a concise chronology are also useful. For advertising claims, documents supporting the factual basis of the statement can be as important as the wording itself.

The appropriate defence depends on the claimant, conduct, evidence, requested relief and procedural stage.