Competition-Law Cease-and-Desist Letter

A cease-and-desist letter under German unfair competition law should be assessed for standing, the alleged infringement, the requested undertaking, deadlines and cost claims.

Back to Competition Law.

Reviewing the allegation

The first step is to identify the commercial practice complained of and the UWG basis relied on. Screenshots, advertising material, shop pages and the timing of the conduct should be preserved.

The undertaking

A pre-formulated undertaking can be broader than necessary and may carry contractual penalties for future breaches. Its wording and practical compliance burden should be evaluated before signature.

Enforcing a claim

A claimant should confirm standing and document the infringement before issuing a notice. The demand should be precise and should not overstate the legal position.

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.

Competition-law notices can trigger short response periods and long-term obligations. Individual review is important.