Special Rights in German Competition Law
Over the decades, a number of areas of particular field of law have developed, in particular as a result of the (Anglo-Saxon) case law and legislation within competition law. Of the numerous, special legal topics, we selected the most common:
Comparative Advertising is not considered unlawful per se.
Advertising after the elimination of the German Rebates Act (RabattG) and the German Ordinance on Bonuses (ZugabeVO). What has become allowed and what remains forbidden?
Foodstuffs: substances intended to be consumed by humans in their unaltered, prepared or processed state. However, the distinction between a food supplement and a medicinal product is often very difficult to determine and this determines its marketability and advertising possibilities. For example, German Foodstuff Law (Lebensmittelrecht) contains its own competition-relevant standards; in addition, the general case group “Vorsprung durch Rechtsbruch” (advantage through breach of law) may exist in the event of a breach of food law regulations.
Pharmaceutical Law (Arzneimittelgesetz), medical product law (Medizinproduktegesetz) or pharmacy law regulations are considered standards German Advertising Law – sensitive cross-sectional area.
The cosmetics market is highly competitive. This is particularly proven by the number of the infringements of cosmetics regulations. In this area, many competition law disputes take place (also from the point of view of “Vorspung durch Rechtsbruch“)