Received a warning letter from Schutzverband gegen Unwesen in der Wirtschaft e.V.?

Who is the Schutzverband gegen Unwesen in der Wirtschaft e.V.?

The Schutzverband gegen Unwesen in der Wirtschaft e.V. is a nationwide competition association based in Munich. According to its own description, it is one of the large cross-industry competition associations and advocates for fairness in competition as well as consumer protection. The association’s aim is, in particular, to promote fair competition and to combat unfair business practices together with authorities and the courts.

Why the Schutzverband issues warning letters

Its statutory tasks include uncovering and pursuing violations of competition law. In practice, this is often done initially by issuing a warning letter with the aim of eliminating the alleged infringement out of court and preventing future violations.

Which companies are most frequently affected

The association is active across all industries. In practice, warning letters are often directed at online retailers, manufacturers, and advertising companies, particularly in regulated sectors such as food supplements, food, cosmetics, medical devices, tobacco products, and e-cigarettes.

Act quickly now in the event of a warning letter from the Schutzverband

Be sure to observe the short deadlines in the warning letter

Warning letters 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 must be carried out before the set deadline expires.

Consequences of missing the deadline

If no timely response is made, the association may initiate legal 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 to avoid mistakes and limit financial disadvantages.

Do not sign the Schutzverband’s cease-and-desist declaration without review

Lifelong binding effect of the cease-and-desist declaration

The requested cease-and-desist declaration is usually 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 cause significant financial 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 grounds for warning letters issued by the Schutzverband

Misleading advertising

A frequent focus is misleading or impermissible advertising claims regarding product characteristics, effects, or prices.

Violations in online commerce

Commonly challenged are errors in mandatory information, labeling, price information, or other violations in e-commerce.

Health claims and product advertising

Advertising and product presentations for food supplements, food, cosmetics, and medical devices are particularly frequently affected.

Violations in the tobacco and vape sector

Advertising and distribution of tobacco products, e-cigarettes, and refill containers may also be the subject of warning letters.

Your defense against a warning letter from the Schutzverband

Review of standing to bring claims

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

Legal assessment of the alleged violation

What matters is a careful analysis of whether a competition law violation actually exists and how high the risk of court proceedings 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 Schutzverband 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 Schutzverband 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 letter proceedings

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 Schutzverband (FAQ)

What does a warning letter from the Schutzverband 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 regularly risky.

Can you defend yourself against the warning letter?

Yes. Depending on the circumstances, various defense options are available. A prompt legal review is required.

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 Schutzverband? Have it reviewed by an attorney now

Request a prompt initial assessment

Have the warning letter, deadlines, and cease-and-desist declaration reviewed at an early stage so that you can respond on an informed basis.

Deadline compliance 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 areas of e-cigarettes, tobacco, food, food supplements, cosmetics, and medical devices.