Competition law
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International responsibility for advertising on the Internet
Geschätzte Lesezeit: < 1 Minute
At the beginning of the year, the OLG Frankfurt ruled that a German court has jurisdiction over competition issues if the infringer acts (here statements on a top position) at a trade fair in Germany. This would also apply if it is an international trade fair and the exhibitor himself does not deliver the exhibited […] More
Bundestag deals with abuse of warnings
Geschätzte Lesezeit: 3 Minuten
The Federal Government’s draft law on the strengthening of fair competition(see my article here) concerns the Committee on Legal Affairs and Consumer Protection in a public hearing on Wednesday, 23 October 2019. The invited experts are also to agree on a draft law of the AfD Group on “Combating the Abuse of Warnings”, a motion […] More
BGH on bakeries and Sunday sales
Geschätzte Lesezeit: 2 Minuten
The Federal Court of Justice has ruled that the sale of baked goods in bakery branches with café operations on Sundays is also permitted outside the closing hours. The local defendant sells bread, baked goods and confectionery in its stores and sold bread and unoccupied breads and unoccupied breads in two branches on Sundays over […] More
OLG Munich: Additional fees for PayPal and instant transfer allowed
Geschätzte Lesezeit: < 1 Minute
In a procedure of the Competition Centre, the OLG Munich has allowed the calculation of payment fees both when using the payment service “Immediate Transfer” and when paying by Means of PayPal. The OLG Munich has allowed the appeal to the Federal Court of Justice. The Regional Court of Munich had assessed the questions of […] More
BGH on Liability for Customer Reviews on Amazon
Geschätzte Lesezeit: 2 Minuten
The Federal Court of Justice currently has to decide whether the supplier of a product offered on the online trading platform Amazon is liable under competition law for customer evaluations of the product. In the present case, a competition association has complained. The defendant distributes so-called “kinesiology tapes”. In the past, it has advertised these […] More
Injunctive debtor is liable for Google Cache!
Geschätzte Lesezeit: 2 Minuten
Anyone who has read about the blog here in recent months will have noticed that I am now very critical of the concept of a declaration of injunction. See this article on this topic, this article, and this blog post. The Higher Regional Court of Frankfurt am Main now provides another good reason, especially for […] More
No advertising with a manufacturer’s warranty = no information required?
Geschätzte Lesezeit: 2 Minuten
Until now, one of the biggest warning risks was when online retailers did not inform about warranty conditions of products that sold them (see e.g. this article). According to the previous understanding of many courts, it should also be irrelevant if you as an online retailer did not even know that the manufacturer offers a […] More
Hangover is a disease? Attention to advertising statements
Geschätzte Lesezeit: 2 Minuten
A hangover is a disease. Advertising statements that a dietary supplement is intended to prevent or reduce its consequences for alcohol is contrary to the prohibition on assigning disease-related properties to foods, the Higher Regional Court of Frankfurt am Main ruled. The defendant here sells and promotes two dietary supplements, the consumption of which is […] More
Invoice for fake order? BGH says: Is anti-competitive
Geschätzte Lesezeit: 2 Minuten
The Federal Court of Justice has passed a judgment that could well have the potential to cause headaches for many online retailers and providers of online services. This is the question of whether sending an invoice for a fake order, i.e. when someone places an order, but for example informs an incorrect postal address/e-mail address. […] More
Should we ever sign a declaration of injunction?
Geschätzte Lesezeit: 2 Minuten
Today I would like to raise one issue, because many are hardly on their radar. That is the question of whether an injunction should be signed, which is part of a competition law or a copyright warning, even if the claim alleged therein appears to have been made and no other things, such as a […] More
Customer reviews on the Internet
Geschätzte Lesezeit: 2 Minuten
Since a few weeks ago a client had approached me about a problem around customer reviews, today I would like to give a brief overview of the legal stumbling blocks that can be involved. As important as customer reviews are for the trust of potential new customers, they can be cautionary. What you shouldn’t do […] More
OLG Hamburg: less means less not more rare
Geschätzte Lesezeit: < 1 Minute
Advertising statements and the UWG are often not really close friends and the jurisprudence to misleading representation or statements is extremely extensive. The Higher Regional Court of Hamburg has now considered the advertising statement “Less ingesis” of a drug to be misleading if the manufacturer makes it clear by means of an asterisk notice that […] More
Trade Secrets Protection Act: Act now!
Geschätzte Lesezeit: 2 Minuten
Since 26 April 2019, the new Trade Secrets Act has implemented an EU directive that has so far received little attention in many companies. In the course of the creation of the law, numerous standards were adapted and removed from the UWG, among others. To respond accordingly, companies should take concrete steps. In trade secrets, […] More
Likes may not be used after company change
Geschätzte Lesezeit: 2 Minuten
In the meantime, there are more and more judgments that deal with when and under what circumstances likes, fans or user comments can be used in the context of the legal questions on consumer deception. For example, the Higher Regional Court of Frankfurt am Main recently decided that you should not advertise with positive user […] More
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