Until the UWG reform came into force in December 2020, it was possible for companies to bring Internet-related competition infringements before a freely chosen regional court. This option – called “flying jurisdiction” – was significantly restricted with the reform of the Act to Strengthen Fair Competition and the newly introduced §14 Abs. 2 S. 3 Nr. 1 UWG.
But what scenarios result from this decision? How should companies decide in the future if they intend to pursue Internet-related competition violations in court?
BOEHMERT & BOEHMERT partner and attorney Dr. Eckhard Ratjen provides answers to these questions in his article “UWG-Reform: Was die Abschwächung des fliegenden Gerichtsstands für Unternehmen bedeutet” (UWG-Reform: What the weakening of the flying jurisdiction means for companies), which was recently published in the JUVE Handbook of Commercial Law Firms 2022/23.
In addition to a review of the decision-making practice to date, Eckhard Ratjen points out the consequences that companies will have to reckon with from now on, also due to the lack of expertise of some courts of instance and gives valuable tips for practice.
The complete article by Dr. Ratjen in German is available for download as a PDF here.