Munich online city portal is anti-competitive

The Munich Regional Court has ruled that the City of Munich’s online offering at muenchen.de is not compatible with the constitutional requirement that the press be independent of the state and is therefore anti-competitive. In the opinion of the court, the portal covers topics on the basis of which magazines and newspapers are bought. Also in view of the visual design, it was no longer recognizable that it was a state publication. The court based its assessment on the standards established by the Federal Court of Justice in its decision “Crailsheimer Stadtblatt II” (judgment of December 20, 2018, case reference: I ZR 112/17). Even though this decision was issued for printed works, the court considered it transferable to the City of Munich’s internet portal (LG München I, judgment of November 17, 2020, Ref. 16274/19).

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