Competition

A 7-condom pack corresponding to up to 21 orgasms?

An innovative way to make condoms more attractive or a case of deceptive advertising? On 26 November 2015, the judges from Düsseldorf’s Regional Court will announce their final decision as to whether or not the above slogan has the potential to deceive consumers. In one of Germany’s most unusual legal disputes, WILDE BEUGER SOLMECKE represents the defendants.

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Print advertising and the duty to provide information

The courts in Germany have consistently applied advertising law principles which require businesses to provide background information in print advertising. Newspaper and other written publication advertising should contain detailed information on who has financed it. More →

Three German sugar companies fined for price fixing

Following years of investigation and legal action, three German sugar companies have been fined by the Federal Cartel Office for price fixing. More →

Nivea Invisible for Black and White deo misleads consumers

A court in Germany has ruled that Beiersdorf AG deodorant advertising for Nivea Invisible for Black and White misleads consumers. More →

Undertaking to cease and desist is not an admission of liability

Germany’s Federal Court of Justice has reaffirmed that the submission of an undertaking to cease and desist does not amount to the admission of liability. More →

Tell-a-friend function is illegal advertising

Germany’s Federal Court of Justice has ruled that the tell-a-friend function on online business’ website is comparable to illegal advertising. If such e-mails are sent to companies, they amount to an illegal interference in the business’ trade. More →

Distribution agreement: the legality of banning eBay sales

Manufacturers are increasingly including clause in distribution agreements which ban distributors from selling their products on internet platforms such as eBay and Amazon. We take an in-depth look at the legality of such actions. More →

Distribution agreement: prohibition on selling over eBay illegal

Can a manufacturer prohibit a retailer from selling products on internet platforms like eBay or Amazon, in its distribution agreement? A court in Berlin recently had to answer this interesting question. More →

Germany’s Gold: ZDF and ARD cancel plans for joint project

Germany’s public broadcasters ZDF and ARD have decided to end a joint project aimed at creating a shared video-on-demand platform. The decision comes after the German Federal Cartel Office expressed concerns about compliance of the project with German competition law. More →

Toy safety: Warning label rules explained

Online businesses have to be aware of a plethora of consumer protection rules when selling products online. If toys are being sold, there is also a whole host of legislation designed to safeguard toy safety. If businesses get it wrong, they could face costly competition warning letters. More →