A competitor has obtained a temporary injunction against me. How can I fight against it?
August 10, 2023 | 40,00 EUR | answered by Greta Kleine
Dear Competition Law Attorney,
I recently learned that a competitor has obtained a temporary injunction against me. This injunction states that I must refrain from certain actions, as they allegedly violate competition law. However, I believe that the accusations are unfounded and I would like to challenge them.
The situation is as follows: I run a small business that sells similar products to my competitor. Lately, my competitor's sales have decreased while mine have increased. As a result, he obtained the temporary injunction against me in an attempt to hinder my business operations.
I am very concerned about the future of my company, as the injunction severely restricts my freedom of action and could impact my sales. Therefore, I am looking for solutions to challenge the temporary injunction and prove my innocence.
Can you help me contest the injunction and defend my rights? Are there legal steps I can take to address my competitor's accusations and resume my business activities?
I thank you in advance for your assistance and look forward to your professional advice.
Sincerely,
Sofia Evers
Dear Mrs. Evers,
Thank you for your inquiry regarding the interim injunction that your competitor has obtained against you. It is understandable that you are concerned about the future of your business and are seeking a solution to prove your innocence and resume your business activities.
First and foremost, it is important to understand that an interim injunction is a temporary measure that only applies for a limited period of time. It is intended to ensure that no further damages occur until the matter is resolved by a court. In your case, this means that you must refrain from the actions specified in the injunction for the time being.
To challenge the interim injunction and defend your rights, I recommend consulting a competition law attorney. An experienced attorney can analyze your situation, review the legality of the injunction, and assist you in developing an appropriate defense strategy.
It is important that you gather all relevant documents and evidence that demonstrate your innocence. This may include sales statistics, promotional materials, customer reviews, and other documents that support your business activities and the quality of your products.
Your attorney can then initiate legal proceedings to challenge the interim injunction, including filing a motion to lift the injunction with the relevant court. Your attorney will guide you through the entire process and ensure that your interests are adequately represented.
It is crucial that you act quickly and seek professional assistance to minimize the impact of the interim injunction on your business. With the support of an experienced attorney, you have a good chance of proving your innocence and resuming your business activities.
I wish you success and am available to assist you with any further questions.
Sincerely,
Greta Kleine
Competition Law Attorney
