Third submission
The third submission is a term from the competition law . Competition violations regularly trigger claims for injunctive relief from several creditors who are competing in competition, so that the culprit often receives warnings from different sides.
Submission to third parties is intended to simplify the subsequent procedure. Has the competitive infringer (Abgemahnt) a failure to creditor (Abmahner) through the unclaimed omission explanation already subjected to sufficiently penalty of law, it is assumed that the competitive violation is not repeated. In this respect, it can be assumed that the other competitors are no longer required to cease and desist. One speaks of the third-party effect of a cease and desist declaration.
The warned person has the legal obligation to inform the other omission creditors to whom he has already issued a declaration of omission, effect of submission to third parties. He bears the burden of presentation and proof of the suitability of the third party submission to eliminate the risk of repetition of the behavior complained of.
literature
- Friedrich L. Ekey, Competition Law, 2nd edition 2005, edited by Jost Kotthoff and Detlev Gabel, Rnrn. 24 ff on § 8 UWG
