Element 68Element 45Element 44Element 63Element 64Element 43Element 41Element 46Element 47Element 69Element 76Element 62Element 61Element 81Element 82Element 50Element 52Element 79Element 79Element 7Element 8Element 73Element 74Element 17Element 16Element 75Element 13Element 12Element 14Element 15Element 31Element 32Element 59Element 58Element 71Element 70Element 88Element 88Element 56Element 57Element 54Element 55Element 18Element 20Element 23Element 65Element 21Element 22iconsiconsElement 83iconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsiconsElement 84iconsiconsElement 36Element 35Element 1Element 27Element 28Element 30Element 29Element 24Element 25Element 2Element 1Element 66
Unlawful Acts within Information and Communication Law and the Breach of Law Principle in Unfair Competition Law

Unlawful Acts within Information and Communication Law and the Breach of Law Principle in Unfair Competition Law

The competition courts (at the courts) deal with facts of cases on a daily basis for which they have to determine whether a market participant gained – consciously or unconsciously – illegitimate advantage under competition law by committing a breach of the law. This also includes facts of cases that show a significant breach of law in information and communication law. The dissertation covers the interface of existing judicial subjects and, thereby, focuses particularly on the Interstate Treaty on Broadcasting and Telemedia, the Telemedia Act as well as the Data Privacy Law.
 
show more

Project Description

Elements of the breach of law have always been part of applied legal provisions of the unfair competition law. The competition courts (at the courts) deal with facts of cases on a daily basis for which they have to determine whether a market participant gained – consciously or unconsciously – illegitimate advantage under competition law by committing a breach of the law. This also includes facts of cases that show a significant breach of law in information and communication law.

The most prominent examples of the past years for such a proceeding is the legal dispute concerning the design of the app of the news programme “Tagesschau” and, hence, the programming responsibilities of public service broadcasting beyond the broadcasting/dissemination/distribution of radio and television programmes that went through all appeal stages up to the Bundesgerichtshof [Federal Court of Justice]. Competing platform operators argue over the compliance with regulation of data and consumer protection.

This PhD project examines the judicial subjects emerging at this interface. This includes the possible binding effects of legal decisions unknown to the course of law and possible regulatory permits, aspects of communication under constitutional law when interpreting the unfair competition law along with the relation between the breach of law and the European legislation that pervade not only the unfair competition law but also many aspects of the information and communication law. Thereby, the project focuses on the Interstate Treaty on Broadcasting and Telemedia, the Interstate Treaty on the Protection of Minors, the Telemedia Act as well as the Data Privacy Law in particular.

 

Project Information

Overview

Duration: 2015-2016

Research programme:
Further Projects

Involved persons

Martin Lose

Third party

Cooperation Partner

Contact person

Junior Researcher

Martin Lose

Send Email

MAYBE YOU ARE ALSO INTERESTED IN THESE TOPICS?

Newsletter

Subscribe to our newsletter and receive the Institute's latest news via email.

SUBSCRIBE!