We advise and represent our clients extensively in the field of competition law. Should it occur that your company is affected by a competitor taking unfair competitive measures, we can assist you to effectively impede such measures. If things are the other way round, i.e. should you or your company be accused of offences under competition law, our advice and representation is just as effective.
Misleading promotional and marketing measures - or such that are illegitimate in the broader sense of the word - as well as untrue allegations about competitors and their products available on the market, often become the focus of disputes. Further contentious points may be imitations or targeted impediments to competition. With increasing frequency, betrayal of or use of secrets play an important part. In disputes of such a nature, mostly decided through preliminary injunction proceedings, BMT handles the defense with sophistication and assertiveness. Commitment is decisive – and can even decide proceedings.
In order not to expose areas vulnerable to opposition from the outset, BMT engages in a large number of related activities. For example, we subject business models to a thorough review and examine marketing strategies, promotional efforts, general terms and conditions of business, products and services in regard to whether they are admissible under competition law, even before they are put into use. As many of our clients do business in global markets, to sort out any issues peculiar to a particular country we can at any time draw upon our international network. If there are any concerns under competition law we develop creative alternatives, in close consultation with our clients.
Contentious competition law
BMT ensures that assaults directed at our clients by competitors or associations are answered in a manner that is as harsh as it is sophisticated, whether it be in the field of marketing measures, services, product designs or in regard to general terms and conditions of business. We scrutinise cease-and-desist letters, so that we can target our countermeasures with precision, or partially concede to the other party in as painless a way as possible. In that respect, we always do everything in our power to avoid judicial conflicts.
It goes without saying that we also support our clients in preventing unfair measures under competition law by other market participants. If necessary, we initiate and co-ordinate consumer surveys, carry out test purchases, and even arrange for suitable investigation services. We conduct judicial disputes using the entire range of procedural and pre-litigation measures available to us, such as cease-and-desist letters, counter cease-and-desist letters, protective briefs, preliminary injunctions and judicial briefs. Thus, many opposing parties subsequently become clients.
Protecting confidential information
As per our observations, cases of betrayal of secrets and industrial espionage are increasing at an alarming rate. They may originate from within the company or be purposefully brought about from outside the company. In order to confront such cases, BMT develops preventive and reliable protection concepts in collaboration with its clients. The latter frequently leads to strategic consulting in regards to compliance or IT security, so as to be able to co-ordinate the closure of any loopholes existing. Should damage have already occurred, we assert our clients' damage claims judicially, and ensure that effective criminal prosecution is carried out, in close consultation with the public prosecution service. It is not without reason that Büsing Müffelmann & Theye has a very good reputation in business law.
The drug advertising law forms a special sub-category of general competition law, and this special area requires expertise which penetrates the subject matter deeply. BMT is extensively involved here. Besides advising on designing advertising and marketing efforts in the field of drugs and pharmaceuticals, we are also happy to represent our clients in cases of dispute. In that respect, we get intensively involved in visionary, innovative marketing concepts on the Internet - or also in the field of mobile devices. Thinking ahead is part of the process.