Advantage through breaking the law

Advantage through breach of law - A violation of a legal regulation is always unfair if the violated regulation is not a competition-neutral rule, but if it is a rule of market behavior, i.e. if it is also intended to regulate competition (§ 4 No. 11 UWG). Examples: the rules on closing times should also regulate competition; the state road laws, however, do not (street advertising).

Those who take the lead by breaking the law typically gain a competitive advantage over their law-abiding competitors. For competitors, affirming a head start by breaking the law has the great advantage that they can take action against the infringer, especially with injunctive relief (competition process), because the state will not always intervene. It is not always easy to judge whether a non-competitive regulation is a rule of market conduct.

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