Wettbewerbsverhältnis und Transaktionsplattformen

The dissertation examines under which conditions entrepreneurs in the context of transaction platforms should be considered competitors within the meaning of Section 2 (1) No. 4 UWG (German Unfair Competition Act). The aim of the thesis is to propose a solution for their conflictual relationships. The discussion delves into the details of the term. In contrast to traditional definitions of the term “competitor,” it questions whether there is an impairment of entrepreneurial business interests. Under certain conditions, it aims to grant platform operators the right to take legal action against the sellers' competitors. The goal is to facilitate solutions in future cases where the competitor status of such entrepreneurs becomes questionable.