Resale of personalized admission tickets may constitute an UWG violation

FC Bayern München AG has successfully taken action against a commercial secondary market platform for tickets. The platform also offered tickets for FC Bayern matches that were personalized with an individual QR code, a shopping cart number, a barcode and the name of the first purchaser. The resale of these tickets is prohibited by FC Bayern. The purchase and (significantly more expensive) resale to third parties by the platform therefore constitutes anti-competitive surreptitious fraud pursuant to Section 4 no. 4 UWG. § Section 4 No. 4 UWG, according to the regional court. Because the resold tickets were also accompanied by a letter in which the buyers were asked to lie at the admission control, the platform also violated its entrepreneurial duty of care pursuant to Section 3 para. § Section 3 para. 2 UWG (LG Munich I, judgment of December 7, 2020, Ref.: 39 O 11168/19).

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