Competition, Marketing and Distribution
Competition between rival businesses has always been at the heart of every market economy. This makes marketing and distribution the cornerstones of all strategic activities, ultimately determining a company’s success or failure. Whether bricks and mortar or online – competition law ensures that there are clear boundaries.
Competition law, with a focus on marketing, distribution and advertising, has been an integral part of our consulting services for years. We support and advise clients who want to plan and carry out marketing and distribution activities in a legally compliant manner, helping them to stand head and shoulders above the competition.
Digital marketing activities are a key specialisation in our consulting services. We are experts on how websites are built, for example, and on how artificial intelligence (AI) and bots are being used to develop new advertising technologies and means of targeting customers. We advise our clients on digital forms of advertising, from newsletter marketing and competitions to influencer marketing and social media. We also make sure their plans are legally compliant, and support companies that run loyalty programmes. We do all this with the aim of ensuring fair competition and protecting our clients’ reputations.
In this age of digitalization, most companies now rely on digital sales channels to sell products and services and generate revenue. Our lawyers advise them on developing digital distribution strategies in retail, and designing digital distribution channels and digital contracts – with a special focus on the requirements for quality seals and labels. Another key aspect is the design of sales channels as well as protecting the respective distribution systems. Our consulting services are increasingly shifting towards the legally compliant digitalization of customer contact channels and assisting with big data and customer analytics.
But it doesn’t stop there: we also help our clients to assert their claims for injunctive relief and damages under competition law – both in and out of court. Where necessary, we also issue legal warnings under the German Act against Unfair Competition (UWG) in the event of unfair commercial practices or unconscionability, or defend our clients against warnings issued by competitors or associations.
Our offer
We are at your disposal for the following questions and topics:
- Advice on ensuring the legal compliance of advertising and marketing campaigns
- Advice on information and labelling requirements
- Drafting and review of legal texts such as standard business terms, conditions of participation, competitions and event advertising
- Advice on performance marketing
- Newsletter marketing
- Influencer marketing
- Setting up and developing legally compliant loyalty programmes
- Advice on using new advertising technologies such as smart assistants (Alexa, Siri, Google Assistant) and integrating AI systems and bots; AI-powered personalised advertising
- Digitalization of existing customer contact channels with a view to introducing omnichannel marketing
- Legal advice on big data / customer analytics and profiling
- Enforcement of claims for injunctive relief and damages
- Assistance with warnings under competition law
- Advice on planning and implementing digitalization strategies (hand in hand with data protection advice)
- Development and drafting of distribution agreements
- Preparing for and transitioning to Industry 4.0, especially in the health, energy and utilities, and technology sectors
Initial Consultation on Competition, Marketing & Distribution
Do you have questions about Competition, marketing and distribution? Our lawyers are happy to assist you in the areas listed.
