Schlussbericht über das Projekt: "Wettbewerbsrechtliche ... - vzbv

Wettberbsrechtliche Kontrolle von grenzüberschreitenden 36 Marketingmaßnahmen vzbv 2001
Upshot
The interim stocktaking of the project shows the immense difficulties involved in
systematically prosecuting cross-border anti-competitive violations.
The problems essentially lie in two areas:
• Problems arising in the inquiries
• Problems encountered in enforcing forbearance claims
1. Problems arising in the inquiries:
Companies increasingly opt for the following set-up:
• The company is commercially registered in country A.
• There is a postal box in country B indicated in the advertising for purposes of
ordering.
• The consumers are solicited in country C where the consignment stocks and
commercial profiteers are located.
This causes considerable problems in pursuing the inquiries as those responsible
must be identified in several countries which is very time-consuming and costintensive.
Frequently, the company has already been dissolved upon commencement
of action and the information given in commercial registers are not always true.
2. Problems arising in enforcement:
The latest ruling by the highest court in Germany makes it impossible to take legal
action against a German company executing an order due to illicit advertising by a
foreign company.
Direct action must therefore be taken against the foreign company. This company is
frequently only established to create an artificial legal division between illegal
marketing and the sale of the product. The foreign company mailing the objectionable
advertising will be de-registered again at the next opportunity or files bankruptcy
proceedings in the case of execution. The managing directors are mostly without
resources: in the case of the sweepstake game company „Eurox“ currently operating
in Europe, the managing director lives in a council flat in the Netherlands.
Bringing an action against a foreign company or its managing director is therefore
hardly promising.