May I disclose confidential information about my competitors to third parties?
June 21, 2022 | 40,00 EUR | answered by Sandra Bittner
Dear lawyer,
My name is Paul Weber and I am the owner of a small company that operates in the field of digital marketing services. Lately, I have collected some confidential information about my competitors that could potentially give me a competitive advantage. Now I am faced with the question of whether I am allowed to share this information with third parties to strengthen my own business.
The situation is as follows: In my market segment, there are some larger companies that have an extensive customer base and years of experience. However, through my research, I have discovered that some of these competitors have weaknesses in their strategies that I could exploit to attract my own customers. This information is confidential and was obtained through intensive research.
My concerns are that I may violate competition law by sharing confidential information about my competitors. At the same time, I also want to expand my business and operate successfully in the market. Therefore, I am unsure of the best course of action in this situation.
My question to you as a competition law attorney is therefore: Am I allowed to share confidential information about my competitors with third parties to strengthen my own business? What legal aspects do I need to consider and what possible solutions are there to pursue my goal without breaking the law?
I thank you in advance for your professional advice and support.
Best regards,
Paul Weber
Dear Mr. Weber,
Thank you for your inquiry regarding the disclosure of confidential information about your competitors in the context of competition law. It is understandable that you want to use your competitive advantage to strengthen your own company, but it is important to also consider the legal aspects.
In competition law, it is generally prohibited to disclose confidential information about competitors if such information has been obtained unfairly or violates trade secrets. Through your intensive research, you may have come across information that is protected as trade secrets of your competitors. In this case, disclosing this information to third parties would not be legally permissible.
It is important to determine whether the information you possess is generally accessible or if it indeed constitutes confidential trade secrets. If the information is publicly available, you could generally use it to strengthen your company. However, if it is confidential information, you should be cautious and seek legal advice to avoid any legal consequences.
One possible solution to your concern could be to use the information to improve your own marketing strategy without directly disclosing it to third parties. For example, you could develop targeted marketing measures to attract customers from your competitors without revealing confidential information. This way, you could leverage your competitive advantage without violating competition law.
However, it is advisable to seek advice from an experienced competition law attorney in this matter to ensure that you consider all legal aspects and do not take any risks. An attorney can help you analyze the legal situation and provide you with specific recommendations on how to successfully position your company in the market without violating applicable laws.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Best regards,
Sandra Bittner
Competition Law Attorney
