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Germany Unfair Competition

A&O Shearman

Zooming in on AI: Tackling deepfakes around the world

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Deepfakes (also known as digital replicas) are created when sophisticated AI technology generates or alters audio-visual content to misrepresent someone or something. Often a person's voice or appearance is digitally...more

A&O Shearman

Representative Actions for Redress: A New Option Since 13 October 2023

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The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law has entered into force on 13 October 2023....more

White & Case LLP

ESG liability and litigation risks with a focus on Germany: Greenwashing

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The European Commission ("Commission") is relentless in its fight against Greenwashing and the misrepresentation of sustainability impacts or benefits of a company’s products or actions. Following the global ESG trend and the...more

Hogan Lovells

Influencer marketing, Germany: labelling as advertising in social media posts

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Social media platforms have gained considerable importance in the field of online marketing in recent years and caused controversial legal questions. The German Federal Court of Justice (BGH) recently dealt with these in a...more

Hogan Lovells

OLG Frankfurt a. M. zum Influencer-Marketing: Werbekennzeichnung in Social-Media-Posts

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Social-Media-Plattformen haben in den vergangenen Jahren auf dem Gebiet des Online-Marketings erheblich an Bedeutung gewonnen und für umstrittene Rechtsfragen gesorgt. Der BGH griff diese zuletzt in einer Reihe von...more

Morrison & Foerster LLP

2021 to 2025: The Incoming German Government’s Agenda for Competition Policy

Key Takeaways: As in many other jurisdictions, the incoming German government is seeking to expand competition law enforcement with new theories and a heightened focus on technology, digital markets, and consumer...more

Hogan Lovells

German Federal Court of Justice decision: Finally more legal certainty regarding influencer marketing

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Due to diverging case law by the courts of instance, there has been considerable legal uncertainty with regard to influencer-marketing in Germany. The obligation of influencers to label certain posts as advertising has not...more

Hogan Lovells

Competitor of "Captain Iglo" can advertise with "best age" model against maritime backdrop

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The Munich District Court I ruled by judgment of 3 December 2020 (17 HK O 5744/20) that an advertisement of a manufacturer of fish products with a handsome older model or "best ager" in front of a maritime backdrop was not a...more

Hogan Lovells

Higher Regional Court of Karlsruhe: Links hidden as "tap tags" are to be labelled as advertising

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A well-known German influencer has to mark her posts on Instagram as advertising if she uses so-called “tap tags” to link her posts with the Instagram profiles of other brands. This was recently decided by the Higher District...more

Foster Garvey PC

OTA & Travel Distribution Update: Sabre's previously announced acquisition runs into regulatory trouble; enforceability of...

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This week’s Update features a number of stories on important developments in the EU. Enjoy....more

Hogan Lovells

Germany: New guidelines for designating vegan and vegetarian products with meat related terms – Will food designations like...

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Vegan and vegetarian food is becoming more and more popular. However, as a lot of vegans and vegetarians are not willing to give up the taste of meat the demand for meat substitutes increases....more

Hogan Lovells

Germany: Defining “Das Original” (“the original”) and when the term may be used

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Claims like “the original” or “the real”, suggesting a certain stance of a product are classics of advertising speech. In a recently published decision in case 13 U 77/18, the Higher Regional Court of Celle (“the Court”)...more

Orrick, Herrington & Sutcliffe LLP

German Competition Authority Investigates Amazon

The German Federal Cartel Office (FCO) has opened abuse proceedings against Amazon for practices related to the German marketplace amazon.de. ...more

Morrison & Foerster LLP - Social Media

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

Holding that offering software that allows users to block advertising does not qualify as an unfair commercial practice even if the software gives advertisers the option to pay for showing certain ads—a practice known as...more

Morrison & Foerster LLP

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

In a landmark decision, on April 19, 2018, the German Federal Court of Justice decided that the ad blocking application and browser-extension Adblock Plus does not violate the German Unfair Competition Act (Gesetz gegen den...more

Hogan Lovells

Adblocking reloaded: No unfair competition, says German Supreme Court

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Germany’s highest civil court signs off on the business model behind AdBlock Plus - The popular adblocking software AdBlock Plus, and the underlying business model of Eyeo GmbH, do not fall foul of German unfair...more

BCLP

Germany Bans CTS Eventim’s Exclusive Contracts

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On 4 December 2017, the Bundeskartellamt (German Federal Cartel Office — FCO) announced it had banned CTS Eventim from having exclusive agreements with its promoter and box office partners. Based in Munich, CTS Eventim is...more

BCLP

EU & Competition Law Update – December 2017

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European Court of Justice questions validity of commitments procedure under EU competition law - On 23 November 2017, the Court of Justice of the European Union (CJEU) surprised many competition law commentators, when it...more

BCLP

German Federal Cartel Office Gains New Role in Consumer Protection

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Effective 8 June 2017, the 9th Amendment to the German Act against Restraints of Competition delegated more competences and ways to investigate to the Bundeskartellamt (German Federal Cartel Office — FCO) with respect to...more

Hogan Lovells

Germany: Unlicensed Hard Rock Cafe in Heidelberg Germany ceases operation

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After years of litigation Hogan Lovells achieved a ground-breaking settlement for the Hard Rock Group. A restaurant with the same name which operated without a license in Heidelberg will cease to operate at the end of...more

Morrison & Foerster LLP

Whitelisting Violates German Unfair Competition Act

On 24 June 2016, the long-awaited decision on ad blocking software was adopted by the Higher Regional Court of Cologne (6 U 149/15 – Axel Springer./.Eyeo). This is the first decision on the subject matter taken by an...more

K&L Gates LLP

Brussels Regulatory Brief: September/October

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On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

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