Abstract

Two recent decisions by a German regional court and the European Court of Justice have sparked a heated public debate on the Continent about the objectives of German and European competition policy. More specifically, the courts’ decisions in “Zentrale zur Bekämpfung des unlauteren Wettbewerbs” v. C&A Mode KG and Zino Davidoff SA v. A & G Imports Ltd respectively, have focussed attention on the proper place of the consumer in national and supranational competition policy. The local media, politicians, lobby groups, and the general public have with some exceptions reacted strongly against the alleged benefitting of ‘vested interests’ at the expense of the ‘general interest'. Calls for fundamental changes to the existing laws have accordingly been widespread and vociferous.

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