Unlauterer Wettbewerb durch Verwendung unwirksamer Vertragsklauseln

To what extent can and should the use of unfair contract terms by a trader be subject to sanctions under the Act against Unfair Competition? This question is of considerable practical importance since not only consumer protection bodies but also competitors are entitled to take actions under the Act against Unfair Competition. Therefore, the author analyses the pertinent provisions of the 2015 Act against Unfair Competition and the relevant European directives as well as the potential legal consequences of the use of unfair contract terms. He also pursues the questions whether such actions are appropriate as well as economically desirable and how to prevent improper assertions. The analysis pays special attention to the use of unfair terms on the internet.