Das Verbot unwahrer Angaben

The paper presents the prohibition of false information which has been newly introduced into the German Act against Unfair Competition (UWG) based on the Unfair Commercial Practices Directive. The essential provision of the prohibition of misleading actions in Unfair Competition Law has been fundamentally reformed by implementing the requirements of the Unfair Commercial Practices Directive and now also includes the prohibition of false information. It is shown that this is a separate prohibition which is independent from the traditional requirement of deceiving the average consumer. The prohibition of false information is largely based on the purpose of facilitating consumers’ confidence in cross-border trade. It thereby develops the protection of competition in the internal market as such and shall contribute to the complete implementation of the internal market. The author develops criteria to give legal contours to the provision in order for it to fit into the already present structures of European Unfair Competition Law.