Die AGB-Kontrolle im Wettbewerbsrecht

The question whether the user of ineffective general terms and conditions may be sued by competitors on the grounds of the German Act Against Unfair Competition (UWG) is controversial. The BGH has yet to decide on this issue. This dissertation tries to analyse and assess the different approaches to this problem. The focus lies on §§ 3, 4 No. 11 UWG and the question whether the provisions of §§ 307 to 309 BGB intend to regulate the market behaviour in the interest of market participants. The answer is yes because these provisions, due to their economic causes and effects, also possess a basic orientation that is related to competition as such. This quite surprising finding illustrates that the law against unfair competition and the law of general terms and conditions have significant similarities. For this reason, the general relationship between these two fields of law will be analysed in detail as well.