Unfair competition law also protects businesses – but with some differences. Many consumer-specific rules do not apply.
Legal framework
- § 3(1) UWG: general clause; §§ 4, 4a, 5, 5a(1), 6 UWG apply to all market participants
- § 3(2), § 5a(3) et seq., § 5b and the blacklist apply only to consumers
- § 7(2) No. 1 UWG: B2B phone marketing already with presumed consent
Case law
- BGH, 13 July 2023, I ZR 60/22 – profit claims towards dentists were not misleading
- BGH, 5 Nov 2020, I ZR 204/19 – strict standards also apply to advertising to pharmacists
- BGH, 23 Oct 2014, I ZR 133/13 – trade visitors are less easily misled
Case examples
Directory trap
A company sends trade fair exhibitors “registration forms” that turn out to be paid directory entries. Misleading under § 5 UWG.
Supplier comparison
A supplier compares its machine with a named competitor’s in a sales presentation. § 6 UWG applies in B2B as well.
