Gezielte Behinderung von Mitbewerbern und aggressive geschäftliche Handlungen (Targeted Obstruction of Competitors and Aggressive Commercial Practices)

A person acts unfairly under section 4, number 4 of the Gesetz gegen den unlauteren Wettbewerb (UWG) who targets a competitor for obstruction. Under section 4a(1), a person acts unfairly who commits an aggressive commercial practice that is capable of leading a consumer or other market participant to a commercial decision that the consumer or market participant would not otherwise have taken.

A commercial practice is aggressive where, in the concrete case and taking all circumstances into account, it is capable of significantly impairing the freedom of decision of the consumer or other market participant through harassment, coercion including the use of physical force, or undue influence.

Undue influence exists where the trader exploits a position of power over the consumer or other market participant to exert pressure, even without using or threatening physical force, in a way that substantially restricts the ability of that person to make an informed decision.

Among the circumstances that decide whether a practice is aggressive, section 4a(2) names burdensome or disproportionate non-contractual obstacles by which the trader tries to prevent the consumer or other market participant from exercising contractual rights, including the right to terminate the contract or to switch to another product, service or trader.

A person who intentionally or negligently commits a commercial act made unlawful by section 3 or section 7 is liable to competitors for the resulting damage. A person who intentionally or negligently commits a commercial act made unlawful by section 3 and thereby induces consumers to take a commercial decision they would not otherwise have taken is liable to them for the resulting damage, but this does not apply to unfair acts under sections 3a, 4 and 6 or under number 32 of the Annex.