Amendments to Act Against Unfair Competition
With effect of December 10, 2015, the German Act Against Unfair Competition (AAUC) has been revised. Most of the amendments are of editorial nature or aim at improvement of the Act’s application by introductions or amendments of definitions.
Most eye-catching is perhaps the abolition of special provisions for certain sales promotions (discounts, lotteries etc.). The old provisions dealt with unclear or ambiguous information about conditions for participation or the like. As a substitute, the general provision on misleading omissions now contains a clarification that the provision of unclear or ambiguous information shall be deemed as unlawful withholding of information. Therefore, the effects of this amendment may be limited.
Moreover, a prohibition of “aggressive commercial practices” (section 4a) is introduced. However, it essentially summarizes hitherto forbidden conduct (e.g. exertion of undue pressure on consumers). Such actions remain sanctioned on B2B level.