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In my blog post “Can so-called warning associations do anything? – On the liability for damages of warning associations such as the Association of Social Competition (VSW)” I had already reported from practical experience on the fact that so-called warning associations – covered by the courts – are still acting to the detriment of market participants.
With its recent action against influencers, the Association of Social Competition (VSW) has attracted a lot of media attention and thus – unintentionally – finally brought movement to the question of what warning associations may and may not do. The “Handelsblatt” has now – also with my support – in its latest weekend edition of March 15/16/17, 2019 provided valuable clarification regarding the questionable actions of the VSW.
The legal consequence of the actions of VSW and, of course, of any other warning association can be, as I have explained in my article mentioned above above, may include an obligation to pay damages to injured market participants.
LATEST ARTICLES
Courts must generally comply with their so-called duty to provide information (Section 139 ZPO) before the oral hearing! – BGH ruling from 11.4.2018 (case no. VII ZR 177/17)
Unfortunately, it is common practice in civil proceedings for the courts to only issue instructions to the parties during the oral hearing. The BGH dealt with the consequences of this practice in a practice-relevant decision dated 11.4.2018 (case no. VII ZR 177/17).
On the scope of a so-called “pleading discount
When are submissions in the appeal instance “new”?
Casting doubt on the right of competition associations to file applications!
So-called. warning letters (cf. § 8 Para. 3 No. 2 UWG) are causing the economy a lot of trouble. Smaller companies or start-ups in particular often cannot afford to defend themselves.
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