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The right to free speech and unfair competition law claims in Germany

01 April 2021

Under what conditions can untrue or business-damaging statements be stopped? What role do preliminary injunctions play in this context? Morten Petersenn and Nils Peters answer these questions in a recently published issue of a leading German legal newsmagazine.

Key takeaways from this publication highlight the following enforcement strategies:

Unfair competition law

Unfair competition law is a sharp weapon in enforcing the right to free speech. In view of the reversal of the burden of proof and the presumption of urgency, the infringed party holds many trump cards.

Ex parte preliminary injunctions

Ex parte preliminary injunctions are another powerful tool for enforcing rights in Germany.

Warning letters

Warning letters become more important due to several recent decisions of the German Constitutional Court.

The full publication on beck-online (German language) can be found here and our related publications are linked under related materials. If you require further information, please get in touch with Morten Petersenn.

Authored by Morten Petersenn and Nils Peters