Die geschäftliche Entscheidung im deutschen und europäischen Lauterkeitsrecht

This dissertation is a comprehensive analysis of the "transactional decision" as a core term of unfair competition law. After a historical overview, the thesis fills a gap in the German literature by an extensive systematisation of case law and literature on the term. On this basis, and taking behavioral economics into account, an abstract definition is developed that allows for a coherent interpretation of the term. For a complete picture and using the proposed definition, the different functions of the transactional decision as a criterion of the prohibitions are also analysed in order to enable a dogmatically consistent interpretation.