Requirements in competition law
Competition law has been comprehensively adapted, partially modernized and expanded. We explain how these changes are to be classified and what they mean for companies and entrepreneurs.
Our law firm deals intensively with all questions of competition law and offers comprehensive advice on aspects of unfair business practices. In doing so, we take into account all relevant aspects for our clients. We present the changes in competition law for companies and entrepreneurs in detail on our topic page.
Basis of the changes: The “Omnibus Directive
The law “to strengthen consumer protection in competition and trade law” came into force in mid-2022. The starting point for this law is the implementation of the so-called “Omnibus Directive” (Directive [EU] 2019/2161), which aimed to modernize and enforce consumer protection regulations.
The reform has resulted in a number of changes, particularly in the UWG. On the one hand, a completely new and in this form novel claim for damages has been added, to which consumers are directly entitled. We present the new claim for damages and the changes to the provisions on fines.
Legal certainty for influencers in advertising at last?
On the other hand, a lot has changed, particularly in the area of influencer marketing. The aim of the directive and its implementation by national legislators was to create legal clarity as to how and when advertising in the social media sector exists and must be labeled. In our article “Obligations for influencers under the new UWG“, we shed light on whether this has been successful.
Even before the amendment to the UWG, advertising in social media was a matter for the Federal Court of Justice. Important parts of the case law are still up to date. We have outlined which aspects are of particular relevance in the article on influencer case law.
Extensive information obligations for companies and entrepreneurs
The UWG also contains new information obligations for companies and entrepreneurs. This applies in particular to the area of electronic business transactions. We highlight the most important changes to information obligations in our article “E-Commerce and UWG“.
Some of you may have already noticed that products can taste different in different countries. This so-called “dual quality” has also brought the legislator onto the scene and issued a corresponding regulation. We present this regulation in our article“Dual Quality” products.
Greenwashing put to the test
The Green Claims Directive promises transparency and trust for consumers and incentives for companies to protect the climate. We shed light on the development in our blog post.
Topic contributions
E-commerce and competition law
There are a number of traps lurking for consumers, particularly in the area of e-commerce.
These are now to be eliminated with the UWG amendment.
The marketing of “dual quality” products
From now on: “Dual quality” products are generally prohibited.
We explain when this is the case and when it is justified.
Consumer compensation and fines
On the one hand, a novelty in fair trading law: separate compensation for consumers.
On the other hand, the new fine regulations.
Green Claims Directive – transparency, trust and climate protection
The Green Claims Directive promises transparency and trust for consumers and incentives for companies to protect the climate.
Obligations for influencers under the new UWG
Legal clarity for influencers at last with the new UWG amendment regarding paid advertising?
Case law on influencer advertising
The case law of the Federal Court of Justice on influencer advertising contains key principles.
Legal changes are also based on these principles.