'Denationalisation and Europeanisation in the Information Model of Unfair Competition Law'



In response to the European Directive concerning unfair business-to-consumer commercial practices broad duties of information have been established in German unfair competition law. The duty of enterprises to provide transparent information to customers according to certain criteria goes beyond the traditional duty to merely avoid a deception of customers. This Europeanisation of the information model is accompanied by a denationalisation. Within the scope of the Directive Member States have to abstain from applying their unfair competition laws with regard to information duties which are not rooted in European law.