Competition law (Germany)
In German law, competition law includes the law of unfair competition ( fair trading law ) and the law against restrictions of competition ( antitrust law ).
Legal matters
Fairness law
The law of fair trading describes the rules of the game of fair economic behavior that every company must adhere to in the competition for the offer and purchase of economic services. It serves to protect competitors and consumers as well as the general interest in undistorted competition. With regard to a company's relationships with consumers, it is based on Directive 2005/29 / EC against Unfair Commercial Practices.
Antitrust law
Antitrust law protects competition as the prevailing economic order in its structure. It is intended to ensure free competition as such, to prevent monopolies and anti-competitive agreements as well as coordinated behavior by competitors and to create economic stability.
Legal sources
In the German legal area, fair trading law is essentially based on the law against unfair competition , which is, however, supplemented by numerous other competition law provisions in other laws, for example the Trademark Law , the Price Indication Ordinance or the Medicines Advertising Act .
The antitrust law has been standardized in the law against restraints of competition , which also contains regulations on procurement law (awarding of public sector contracts).
Research and Teaching
The Max Planck Institute for Intellectual Property and Competition Law focuses on research in this area.
Few German universities have offered a specialization in competition law as a master’s degree: the Leuphana University of Lüneburg in a part-time program at the Professional School, the Free University of Berlin, the University of Augsburg, the Technical University of Munich and the University of Mannheim.
literature
- Helmut Köhler and Joachim Bornkamm : Commentary on competition law (UWG) . 32nd edition. Beck, Munich 2014, ISBN 978-3-406-61005-9
- Ansgar Ohly / Olaf Sosnitza: Commentary on competition law (UWG) . 5th edition, Munich 2010, ISBN 978-3-406-59461-8
- Harte / Henning: Commentary on competition law (UWG) . 2nd edition, Munich 2009, ISBN 978-3-406-56601-1
- Wolfgang Gloy, Michael Loschelder, Willi Erdmann : Handbook of competition law . 4th edition. Beck, Munich 2010, ISBN 978-3-406-58165-6
- Wimmer / Müller: Business Law. International - European - National , Springer Vienna - New York, 2007. ISBN 3-211-34037-8
- Katharina Vera Boesche: Competition Law . Müller (CFJur.), Heidelberg 2005, ISBN 3-8114-3117-X
- Walter Frenz: European law manual. Volume 2: European antitrust law . Springer Verlag, Berlin, Heidelberg, New York 2006, ISBN 3-540-28424-9 .
- Günter Hirsch , Frank Montag, Franz Jürgen Säcker (Eds.): Munich Commentary on European and German Competition Law (Antitrust Law). Antitrust law, abuse and merger control . 2 volumes, CH Beck, Munich 2007/2008. ISBN 978-3-406-54275-6 / ISBN 978-3-406-54276-3
- Ernst-Joachim Mestmäcker and Heike Schweitzer: European competition law (antitrust law). 2nd Edition. Beck, Munich 2004, ISBN 3-406-33065-7
- Helmuth Schröter, Thinam Jakob, Robert Klotz, Wolfgang Mederer: European competition law (cartel law), 2nd edition, Baden-Baden 2011, Verlag Nomos, ISBN 978-3-8329-4914-3
- Eike Ullmann: juris practice commentary UWG . 2nd edition juris GmbH, Saarbrücken 2009, ISBN 978-3-938756-59-1
- Cornelius Matutis: UWG: law against unfair competition practice commentary . 2nd Edition. Erich Schmidt Verlag, Berlin 2009, ISBN 978-3-503-11615-7 .
- GB - Der Grüne Bote - magazine for fair trading law and intellectual property, gb-online.eu
Individual evidence
- ↑ Part-time master's degree in competition and regulatory law at the Leuphana University of Lüneburg: Competition & Regulation LL.M.
