Aktuelles aus dem Wettbewerbsrecht
Urteile, Gesetzesänderungen und Praxishinweise. Ältere Beiträge sind als Archiv gekennzeichnet und geben den Rechtsstand zum Veröffentlichungszeitpunkt wieder.
Unfair Competition Law News
Court decisions, legislation and practice notes. Older posts are marked as archive and reflect the law at the time of publication.
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Digital Fairness Act: what businesses can expect
The European Commission is about to present its Digital Fairness Act proposal. Dark patterns, influencers, subscriptions and personalised prices are in focus.
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New rules for environmental advertising apply from 27 September
Generic environmental claims, self-made sustainability labels and offset-based climate neutrality are now always prohibited towards consumers.
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AI labelling: Article 50 AI Act applies from 2 August
Chatbot notices, deepfake disclosure, machine-readable marking: the AI Act transparency obligations are in force. What this means for advertising.
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Federal Court of Justice “Top-Mediziner”: strict standards for paid doctor seals
Awarding test seals to doctors for a fee is a commercial practice; health-related test logos may mislead if their limits are not apparent.
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Cancellation button: no retention offers on the confirmation page
After clicking the cancellation button, the confirmation page must not offer alternatives such as “pause contract”.
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Small-order surcharge is not part of the product price
CJEU and BGH: an avoidable handling fee for small orders need not be included in the total price of each product.
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Federal Court of Justice: cannabis platform breaches public advertising ban
A platform listing complaints for cannabis therapy and arranging doctor appointments unlawfully advertises prescription medicines.
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Federal Court of Justice: businesses liable for outsourced Google ads
A business that outsources ad placement to Google and supplies the product data is liable for unfair ads as principal.
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Third Act amending the UWG promulgated
Germany has implemented EU rules against greenwashing and planned obsolescence. The new rules apply from 27 September 2026.
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CJEU strengthens newsletters to existing customers
A newsletter in return for registration can be existing-customer advertising; no additional GDPR legal basis is required.