Die Reichweite der wettbewerbsrechtlichen Verbandsklagebefugnisse in bilateralen Verletzungsverhältnissen

The 2013 reform of organizations’ rights to proceed under antitrust law raises the question of the scope of their legal standing. In the light of the role model provision in unfair trade law, which the lawgiver expressly had in mind when revising Sec. 33 Para. 2 of the German Antitrust Act (GWB), the examination takes the proven practice in unfair trade law as a basis for the determination of the limits of the new collective entitlement. Thereby, the scope of the entitlement’s teleological reduction in bilateral infringement relations stands in the focus. Based on the determination of the systematic position of the organization’s legal standing within collective legal protection, the examination analyzes the right to proceed of organizations both in unfair trade law and in antitrust law and clarifies their legal relation to one another.