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Our Services & Offers

Due to the actual high demand, we are currently offering the following packages at the conditions stated therein:

Examination of Advertising Measures
Have you created an advertisement campaign for you services (in print, radio, TV, online or other media)?

  Would you like to know whether your advertisement campaign would be in line with competition or what risks would be associated with the marketing measure?

Do you want to have a marketing measure of a competitor or a third party examined and would like to know if and with which means you can take action against it?


Our specialized attorneys´advice is exactly what you need! Do not wait any longer! Contact us!
Let us examine your advertisement!
Examination of Claims
Did you received a claim from your customers and would now like to find out whether any competition law infringements have taken place?

Do you want to have your claims checked?


Our attorneys are here for you! Make sure to book your appointment today!
Let us examine your claims!
Protection of Claims
Do you want to know which kind of protection measures you can use?

Do you want to make sure that you are not infringing any third parties rights with your claims?

Do you need property right searches and/or their legal evaluation?

Do you want to protect your claims?


We are here to offer you our legal advice! Click here and get in touch with us!
Let us protect your claims!
Examination of Websites
Do you want to have a homepage checked for legal compatibility?

Would you like to know which legal problems could exist in connection with your homepage?

Do you want to be regularly informed about changes in the legal situation in order to avoid possible warnings?


Contact our Law Firm then! Our Specialists are here to help you!
Let us examine your homepage!
Examination of Warning Notice (received)
Would you like to know whether this notice of warning is justified, whether you have to sign a cease-and-desist declaration, whether you have to pay compesation for damages and which alternatives are possible or which consequences are threatening your case?

Your success is our success. Contact us. One of our attorneys will get back to you as soon as possible!

Let us examine the warning notice you received!
Examination of Warning Notice (you want to issue)
Do you want to take action against a competitor or a third party and you are planning to send them a notice of warning? Are you not so sure about your chances of success?

Book a consultation appointment at our Law Office! We also offer you telephone advice!

Let us examine the warning notice you are planning to issue!
Advertising Law – Topics – German UWG

Competition Law

Competition is really common in the market economy. All the parties shall act applying transparency and fair competitive conditions; in this way, the right and necessary competition requirements can be set and developed. The Unfair Competition Act (UWG) aims to ensure these objectives.

Advertising represents something positive for the company and thus involves a reduction in the number of other market participants. This is – intentionally – in line with competition. However, the reduction must not predominate. Over the decades, a detailed, strongly case-by-case oriented jurisprudence has been developed. For example, the exercise of direct or indirect coercion on customers may be considered anti-competitive; the customer acquires the products not on the basis of a free decision but because of the “pressure” exerted on him.

The targeted unfair obstruction of competition, the poaching of customers or employees directly from the competitors, or calls for boycotts are generally considered prohibited. The exploitation of the inexpierece not considered bearable. Since the abolition of the German Rebates Act and the Ordinance on Bonuses, numerous discount systems, bonuses and other customer loyalty systems are considered by the jurisdiction basically permissible advertising measures. A particular case of unfair competition law is the exploitation of third-party services; the mere imitation of unprotected services as such does not has to be considered self-evidently as unlawful. Only slavish imitation, the exploitation of third parties advertising measures or the exploitation of the reputation of others is to be considered severely anti-competitive.

The phenomena of the German Vorsprung durch Rechtsbruch – transl. “advantage on the breach of law”, i.e. the violation of other standards, can lead to an anticompetitive behavior. Although an infringement of neutral regulations could not be considered sufficient, the so-called advantage by breach of law is one of the more frequent infringement on competition.

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The Claim

Reconstructing an existing claim is easy; to develop a new claim can involve customers and performance oriented contents, which could easily disappear but can nonetheless leave important associative traces.

The results of this investigative activity are not protected, unless by internal secrecy or slavish imitation. Minor changes can already lead out of the scope of protection of this latter. So, who is actually allowed to aknowledge the results of possible pitches or brainstormings? What are the possibilities of a customer-oriented protection?

What can we do for you?

We are attorneys. We are lawyers. It is our job to support you.
Advertising-Check
Examination of individual advertising measures (classics and new media)
PR-Check
Examination of external corporate communication
Legal Expertise
Preparation of legal opinions and statements
Strategic Development
Preparation of competition strategies
Enforcement Request
Enforcements and defence of competition claims (Warnings, interim injunctions, law suits)
Opposition
Defence from alleged claims of other competitors
Advertising Consultation
Consultation in advertising/competition matters
Legal Representation
Legal representation in court proceedings concerning competition disputes (except the Federal Court for cases in civil law)
International Consultancy
Consultation in international and european advertising and competition law matters
Our Law Firm can offer you even more!
Contact Us


Services

Our Services – Fees Packages

Due to the high demand of consultations, we are currently offering the following fee packages at the conditions stated therein:


First Consultation
First Consultation – Flat Rate

Do you need an initial assessment of your factual and legal situation?

Do you need a legal representation or a detailed legal opinion? Or only have a specific question on a legal problem?


We are here to offer you our expertise and experience!

First Consultation


Flat Rate Fees
Consultation and representation on the basis of one-off flat-rate fees

Would you like to have a comprehensive legal assistance on a particular matter?

Would you like us to examine your contractual situation?


Our qualified attorneys are here to help you!

Individual Flat Rate Fee


Long Term Consultation

Permanent advice and representation with monthly flat rate fees

Do you want Horak Attorneys at Law to take care of all or some of your legal matters ?


Do not hesitate. Just contact us!

Monthly Remuneration


Act against Unfair Competition-Fees
We are a Law Firm specialized in Advertising and Unfair Competition Law. Contact Us
Our Law Firm

Our Clients

Who are our clients?

We advise and represent, in particular medium-sized companies, corporate groups, business institutions and public corporations of various sizes in competition law. Among our clients are, of course, as follows:



Educational Facilities
Universities, technical colleges, technical schools



IT Companies
Developers, hardware and software system companies, manufacturers, programmers, providers, computer centres, web designers, networkers, net agencies



Energy Companies
Operators of renewable generation plants, independent electricity traders, industrial power plant companies, project planners




Subsidiaries
Spa facilities, hotels, clinics, retail markets and companies


Research & Development
Research and development companies and facilities


Financial Institutions
Banks




Industrial Enterprises
Aluminium, automotive supply, construction, chemistry, design, gaskets, electrical engineering, production engineering, beverages, information technology, fuel, plastics, food, mechanical engineering, metal, paper and cardboard, recycling, telecommunications, environmental technology, packaging, packaging, automotive supply




We have created several different offer packages for you. We have the solution. Contact Us.

Have a look at our offerts



Innovative enterprises
Inventor, Business start-ups, Technology transfer, Mediator


Municipalities
Districts, cities, administrative communities

Trade Fair Construction and Marketing Companies
Catering, market research, trade fair construction, trade fair planning, trade fair implementation


Foundations
Church, cultural, education


State Authorities
Federal administrations, state authorities and institutions, state enterprises

Associations and Clubs
Services, industry, trade, sport, technical supervision


Publishing
Authors, printers, editors, publishing houses, publishers

Insurances

Advertising Agencies
Event Agencies, Full-Service Agencies, Net Agencies, Web Agencies

Clients

News

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Act Against Unfair Competition (German UWG): obstruction within the meaning of Section 4 No. 4 UWG in the case of systematic reproduction of a large number of peculiar products.

Summary of the German Version of the following Tribunal Decision: Source: Original – German Federal Supreme Court (BGH) Judgement of the 20 September 2018 – I ZR 71/17 – Industrial Sewing Machines concerning paragraphs 3, 4 No. 3 and 4
By : Redaktion | Dez 13, 2018
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Restrictions with freedom

In recent years, the restrictions on advertising and sales have become a little bit more “relaxed”. In 2001, German legislators started working on solving old prohibitions. The Ordinance on Bonuses of 1932 (Zugabeverordnung) and the 1933 Discount Act (Rabattgesetz) were
By : Redaktion | Dez 5, 2018
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Our Offices – Horak Attorneys at Law

The head office of the law firm Horak Attorneys at Law is located in the state capital of Lower Saxony, Hanover. Here is where the main activities take place: we dispose of central facilities such as servers, digital libraries, our
By : Redaktion | Nov 19, 2018
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Our Consultancy Packages

On the basis of years of experience, we have created customized consulting packages for our clients. These packages represent specific, constantly evolving solutions:

Our Offers – Act against Unfair Competition