Fairness law
The Competition Law is in German law a part of the competition law . The term is a comprehensive term for the legal regulations against various types of unfair behavior in economic competition and has only recently become established.
Unfair competition law , together with antitrust law, form competition law in the broader sense.
If antitrust law is about the protection of competition from self-repeal by competitors, the protection of competition from distortions through unfair business actions is in the foreground in fair trading law.
According to the Paris Convention ( Paris Convention), which has been ratified by all member states of the EU , any act of competition that runs contrary to decent customs in trade or industry is prohibited .
In particular, the law against unfair competition (UWG), but also commercial legal protection, insofar as it protects intellectual property such as inventions and registered trademarks in patent and trademark law from unauthorized ( unfair ) exploitation by unauthorized persons fall under the law of fairness . However, there are major structural differences. In commercial legal protection, for example, certain exclusive rights , such as patents or trademarks, are protected as (intangible) property, while the UWG is about prohibiting certain behaviors of individual companies in sales or demand competition as unfair and thus inadmissible. The competition law ancillary protection according to the UWG supplements the commercial legal protection.
Directive 2005/29 / EC on unfair business practices in the internal market , which came into force on May 11, 2005 , implemented the law on combating unauthorized telephone advertising and improving consumer protection for special forms of distribution of July 29, 2009 in addition to the UWG . It serves to protect consumers from aggressive, unwanted telephone advertising . For this purpose, the BGB was changed by strengthening the right of withdrawal , the UWG and telecommunications law . Callers are no longer allowed to suppress their telephone number or its display in the device of the consumer.
literature
Text collections
- Competition law, trademark law and antitrust law. Munich: CH Beck 2010, 31st edition ISBN 978-3-423-05009-8 .
- Andreas Heinemann (Ed.): Commercial legal protection, competition law, copyright . Loose-leaf collection, Munich: CH Beck 2011, ISBN 978-3-406-45350-2 .
- Florian Mächtel, Ralf Uhrich, Achim Förster (eds.): Intellectual property. Collection of regulations on commercial legal protection, copyright and competition law . 3. Edition. Mohr Siebeck, Tübingen 2011, ISBN 978-3-16-150986-5 ( table of contents )
Comments
- Peter W. Heermann, Günter Hirsch (eds.), Munich Commentary on Unfairness Law (in 2 volumes), Verlag CH Beck, Munich 2006, ISBN 978-3-406-54281-7 .
- Helmut Köhler, Joachim Bornkamm: Law against Unfair Competition , 32nd edition, CH Beck, Munich 2014
- Henning Harte-Bavendamm, Frauke Henning-Bodewig (Hrsg.): Law against Unfair Competition (UWG) - with price information regulation , 2nd edition, CH Beck, Munich 2009, ISBN 978-3406566011 .
- Henning Piper / Ansgar Ohly: UWG - law against unfair competition with price information regulation. 4th edition, CH Beck, Munich 2006, ISBN 3-406-53910-6 .
Essays
- Nikolai Klute, The Development of Unfair Competition Law from 2008 to 2010 , NJW 2010, 3280
- Nikolai Klute, The current developments in fair trading law , NJW 2012, 3409
- Nikolai Klute, The current developments in fair trading law , NJW 2014, 359
- Nikolai Klute, Current Developments in Unfair Competition Law , NJW 2015, 450
Web links
- kapitalmarktrecht-im-internet.eu - overview with further references to German and European legal bases of fair trading law
Individual evidence
- ↑ Hasan Karakiliç: Coherence of Antitrust and Unlawful Law, Max Planck Institute for Innovation and Competition , 2013
- ↑ Alexander Peukert : The principle of self-responsibility in fairness law in: Karl Riesenhuber (ed.), The principle of self-responsibility, Mohr Siebeck, Tübingen, 2010
- ^ Hans Jürgen Ruhl: Introduction to commercial legal protection IHK Frankfurt / M.
- ↑ Directive 2005/29 / EC on unfair commercial practices in internal market transactions between companies and consumers
- ↑ Federal Law Gazette I p. 2413
- ↑ Helmut Köhler : Current information on fair trading law ( memento of the original from September 18, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
