Unfair Competition or Consumer Protection? The Commission’s Unfair Commercial Practices Proposal 2003

2004 ◽  
Vol 6 ◽  
pp. 141-176
Author(s):  
Matthias Leistner
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Competition Law ◽  
Unfair Competition ◽  
Green Paper ◽  
Consultation Process ◽  
Unfair Competition Law ◽  
Business To Consumer ◽  
Unfair Commercial Practices Directive

On 18 June 2003 the Commission presented its Proposal for a Directive concerning unfair business-to-consumer commercial practices in the Internal Market (the Unfair Commercial Practices Directive). The Unfair Commercial Practices Directive Proposal is based upon the Green Paper on European Union Consumer Protection of 2001 and the reactions to this document in the consultation process as laid down in the follow-up document of 2002. The Proposal tackles the field of unfair competition law insofar as the protection of consumers is concerned.

Unfair Competition or Consumer Protection? The Commission’s Unfair Commercial Practices Proposal 2003

2004 ◽  
Vol 6 ◽  
pp. 141-176
Author(s):  
Matthias Leistner
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Competition Law ◽  
Unfair Competition ◽  
Green Paper ◽  
Consultation Process ◽  
Unfair Competition Law ◽  
Business To Consumer ◽  
Unfair Commercial Practices Directive

On 18 June 2003 the Commission presented its Proposal for a Directive concerning unfair business-to-consumer commercial practices in the Internal Market (the Unfair Commercial Practices Directive). The Unfair Commercial Practices Directive Proposal is based upon the Green Paper on European Union Consumer Protection of 2001 and the reactions to this document in the consultation process as laid down in the follow-up document of 2002. The Proposal tackles the field of unfair competition law insofar as the protection of consumers is concerned.

17. Unfair Competition Law

2019 ◽  
pp. 434-442
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Competition Law ◽  
Unfair Competition ◽  
Fair Play ◽  
Eu Law ◽  
Market System ◽  
Efficient Market ◽  
Unfair Competition Law ◽  
Business To Consumer

This chapter focuses on EU law on unfair competition. Unfair competition law is concerned with fair play in commerce. It normally acts in tandem with its more powerful, but much more narrowly focused, counterpart competition law. Together they are generally regarded as necessary in order to steer competition along an orderly course. And they thereby contribute to promoting an efficient market system that serves the interests of all participants. While there is no single EU instrument that deals with unfair competition law as a whole, there is a significant level of EU legislative intervention in relation to comparative and misleading advertising and in relation to unfair business-to-consumer commercial practices; each of these are discussed in detail.

Influencer Marketing

2021 ◽  
Author(s):  
Felix Maatz
Keyword(s):  
Competition Law ◽  
Regulatory Framework ◽  
Unfair Competition ◽  
Unfair Competition Law ◽  
Modern Form

Influencers are omnipresent in various appearances in today's media landscape. Nevertheless, there is a lack of uniform handling of media and unfair competition law standards. In fact, divergences in decisions by regional and higher regional courts have led to uncertainties in answering the question of whether and how publications by influencers must comply with any advertising labelling obligations. The author takes this as an opportunity to clarify the key problem areas and, at the same time, to determine whether the existing legal regulatory framework is sufficient and capable of producing appropriate and interest-oriented results for a modern form of advertising such as influencer marketing.

Das Verhältnis zwischen Marken- und Lauterkeitsrecht beim Schutz von Unternehmenskennzeichen

2021 ◽  
Author(s):  
Yaotian Chai
Keyword(s):  
Comparative Study ◽  
Hard Rock ◽  
Competition Law ◽  
Federal Court ◽  
Unfair Competition ◽  
Application Domain ◽  
Trademark Law ◽  
Court Of Justice ◽  
Unfair Competition Law ◽  
Federal Court Of Justice

Company signs can be protected by trademark law and unfair competition law. However, can the two legal instruments be applied cumulatively? If the results obtained under the two laws conflict with each other, how can the conflict be resolved? The German Federal Court of Justice has confirmed the principle of cumulative application in the Hard-Rock-Café judgement in 2013. However, in this case, the result under unfair competition law was aligned with that under trademark law. This approach seems doubtful. This comparative study seeks to delimit the application domain of unfair competition law besides trademark law by protection of company signs and to find the appropriate approach by contradictory results.

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