Competition authority wins against RaceChip with Menold Bezler’s assistance

Success in the tuning advertising dispute before Stuttgart Higher Regional Court

The Centre for Protection against Unfair Competition yesterday won its case in a dispute concerning misleading and incomplete tuning advertising. The decision against one of the market leading providers of chip tuning is highly significant for the industry.

Stuttgart Higher Regional Court issued a prohibition against the use by RaceChip Chiptuning GmbH & Co. KG of claims relating to specific performance increases (e.g. “+49 PS”) to advertise or market tuning chips for motor vehicles, to the extent that such advertising claims do not correspond with the information provided in the available parts certificates. It also prohibited the advertising or placing on the market of modules in the absence of a parts certificate, if these do not feature a clear indication to consumers concerning the necessary individual approval, for a fee, by a testing organization.

The Court confirmed in the course of the hearing that the action by the Centre for Protection against Unfair Competition was well-founded. Based on this clear vote by the senate, the respondent acknowledged the claims of the competition authority in court.

Menold Bezler advised the competition authority on all competition law issues. The firm also represented the office during the action before Ulm District Court.

Advisors to the Centre for Protection against Unfair Competition: Menold Bezler (Stuttgart): Manfred Hammer LL.M. (Lead), Dr. Matthias Schröder, Corbinian Koller (all competition law)

Experts: Manfred Hammer, LL.M., Dr. Matthias Schröder, Corbinian Koller

Areas of practice: Litigation and Arbitration, Intellectual Property, Competition, Copyright and Media Law

Sectors and Solutions: Dispute Resolution