Received a warning letter from the Wettbewerbszentrale e.V.

Who is the Wettbewerbszentrale?

The Wettbewerbszentrale e.V. is a nationwide business association based in Bad Homburg. It sees itself as a self-regulatory body of the business community and is authorized as a qualified trade association to enforce claims under competition law. The organization’s aim is to promote fair competition and combat unfair business practices.

Why the Wettbewerbszentrale issues warning letters

One of its statutory tasks is the enforcement of unfair competition law, in particular by pursuing violations of competition rules. In practice, this is often done initially by way of a warning letter in order to achieve an out-of-court settlement.

Which companies are most frequently affected

The Wettbewerbszentrale operates across all industries. Online retailers, manufacturers, and advertising companies in regulated sectors such as food, food supplements, cosmetics, medical devices, tobacco products, and e-cigarettes are particularly frequently affected.

Act quickly in the event of a warning letter from the Wettbewerbszentrale

Be sure to observe the short deadlines in the warning letter

Warning letters from the Wettbewerbszentrale regularly contain a short deadline for submitting a cease-and-desist declaration with a penalty clause. This deadline must be taken very seriously. Legal review by an attorney should always take place before the deadline expires.

Consequences of missing the deadline

If no timely response is made, the Wettbewerbszentrale may initiate court proceedings, in particular an application for a preliminary injunction or an action for injunctive relief. This regularly results in additional costs and significant risks.

Why immediate legal assistance is crucial

Competition law warning letters require a fast and strategic response. Early legal advice helps avoid mistakes and limit economic risk.

Do not sign the Wettbewerbszentrale cease-and-desist declaration without review

Lifelong binding effect of the cease-and-desist declaration

The requested cease-and-desist declaration is generally subject to a contractual penalty and has permanent effect. Future violations may trigger substantial contractual penalties.

Typical risks of the pre-formulated declaration

Pre-formulated cease-and-desist declarations are often broadly worded and may go beyond what is legally required. Signing without review can lead to significant economic disadvantages.

When a modified cease-and-desist declaration may be appropriate

In many cases, a modified cease-and-desist declaration may be advisable to reduce risks. Whether an adjustment is possible depends on the specific allegation and should be reviewed by an attorney.

Typical reasons for warnings issued by the Wettbewerbszentrale

Misleading advertising

A frequent focus is misleading advertising claims, for example regarding product characteristics, effects, or prices. The Wettbewerbszentrale specifically targets advertising that distorts competition.

Violations in online commerce

Common issues include errors in mandatory information, pricing information, withdrawal instructions, or other e-commerce violations.

Health and efficacy claims

Advertising statements relating to food, food supplements, cosmetics, and medical devices are particularly sensitive. Impermissible health claims frequently lead to warning letters.

Violations in the tobacco and vape sector

Advertising and distribution of tobacco products, e-cigarettes, and refill containers are also under scrutiny, particularly in cases of violations of specific regulations or the UWG (German Act Against Unfair Competition).

Your defense against a warning letter from the Wettbewerbszentrale

Review of standing to bring claims

First, it is examined whether the Wettbewerbszentrale is entitled in the specific case to assert claims and whether the formal requirements are met.

Legal assessment of the alleged violation

A careful analysis is crucial to determine whether a competition law violation actually exists and how high the litigation risk is.

Development of the optimal defense strategy

Depending on the individual case, options include rejection, a modified cease-and-desist declaration, settlement negotiations, or court defense. The goal is to minimize costs and risks.

Negotiation or court representation

If necessary, this includes out-of-court communication with the Wettbewerbszentrale as well as representation in preliminary injunction proceedings or main proceedings.

Specialized attorney for competition law and regulated products

Particular expertise in sensitive advertising sectors

Defending against warning letters from the Wettbewerbszentrale requires in-depth knowledge of competition law as well as regulated markets such as e-cigarettes, tobacco products, food, food supplements, cosmetics, and medical devices.

Experience with warning procedures

A fast and structured response is crucial to limit risks and achieve legally secure solutions.

Nationwide representation of companies

Advice and representation are provided nationwide for online retailers, manufacturers, and providers in regulated product segments.

Frequently asked questions about a warning letter from the Wettbewerbszentrale (FAQ)

What does a warning letter from the Wettbewerbszentrale cost?

The costs claimed depend on the individual case. Whether and to what extent a claim for reimbursement of costs exists should be reviewed by an attorney.

Do I have to submit the cease-and-desist declaration?

Whether a cease-and-desist declaration should be submitted depends on the validity of the allegation and the specific wording. Submitting one without review is generally risky.

Can you defend yourself against the warning letter?

Yes. Depending on the circumstances, various defense options are available. Prompt legal review is essential.

How quickly must I respond?

You should act immediately. Due to the typically short deadline for submitting the cease-and-desist declaration, legal assistance should be obtained before the deadline expires.

Received a warning letter from the Wettbewerbszentrale? Have it reviewed by an attorney now

Request a prompt initial assessment

Have warning letters, deadlines, and the cease-and-desist declaration reviewed at an early stage so you can respond in an informed manner.

Deadline protection and immediate assistance

The goal is a timely and strategically sound response to avoid unnecessary cost risks.

Nationwide advice for online retailers

Support for companies in the fields of e-cigarettes, tobacco, food, food supplements, cosmetics, and medical devices.