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

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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.
Wettberbsrechtliche Kontrolle von grenzüberschreitenden 37 Marketingmaßnahmen vzbv 2001 3. Approach to solving the problem: a. A key element in the business transactions are the postal boxes and in fax advertising the fax numbers for ordering. It must therefore be made possible internationally to close postal boxes at short notice in the event of abuse. b. The network operators must be obliged internationally to disconnect telephone and fax numbers used to send anti-competitive advertising. The same applies to numbers indicated in connection with anti-competitive advertising (e.g. for ordering goods). c. The commercial and trade registers would have to exercise stricter supervision and issue restraining orders in the event of repeated violations of competition law. In addition, they would have to take regulatory measures to compel unregistered companies pursuing business activities to register. d. Uniform rules must be created globally to prevent an artificial division of operations from enabling companies to elude their responsibility under competition law.
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Schlussbericht über das Projekt: "Wettbewerbsrechtliche ... - vzbv

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