Vergleichende Werbung - Erfordernis und Folgen des Vergleichs

The popularity of comparative advertising is steadily increasing in Germany. However, it is still unresolved as to what exactly is to be understood by comparative advertising. Does comparative advertising require a comparison or not? Neither the European legislators nor the European Court of Justice have completely resolved the issues of a fully harmonised comparative advertising law. Numerous follow-up questions tie in with making a comparison in comparative advertising: What influence does that comparison have on the scope of application of § 6 of the Gesetz gegen den unlauteren Wettbewerb (UWG – the German law against unfair competition)? How does it change the interaction between § 6 of the UWG and other norms in competition law and intellectual property law? By taking into account aspects of legal history and economics, this work aims to answer the question of the necessity and consequences of making a comparison in comparative advertising. It also addresses the related issues of competition norms.