Competition (German penal code)
The Wettbewerbsverbot, or prohibition of competition, in the German Penal Code (StGB) doesn't refer to a single, specific offense. Instead, it represents a general principle underlying several criminal offenses that prohibit actions designed to unfairly hinder or eliminate competition. These offenses are typically found within the framework of unfair competition law (UWG – Gesetz gegen den unlauteren Wettbewerb) and are prosecuted under various sections of the StGB, depending on the specific nature of the prohibited act.
The core concept revolves around the protection of fair competition within the marketplace. Actions violating the Wettbewerbsverbot aim to gain an unfair advantage over competitors, often through deceptive or manipulative practices. This principle is reflected in various StGB provisions dealing with, for example:
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§ 263 StGB (Betrug – Fraud): Fraudulent actions aimed at gaining a competitive advantage, such as misrepresenting products or services to deceive customers, can fall under this section.
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§ 266 StGB (Untreue – Breach of trust): If a person in a position of trust within a company acts against the company's interests to benefit a competitor, this could constitute a breach of trust and violate the Wettbewerbsverbot.
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§ 299 StGB (Kreditbetrug – Credit fraud): Obtaining credit under false pretenses to gain a competitive edge could be prosecuted under this section.
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Other Provisions: Specific acts of unfair competition, such as industrial espionage or the unauthorized use of trade secrets (potentially falling under other StGB sections), also infringe upon the Wettbewerbsverbot.
It's crucial to understand that the Wettbewerbsverbot is not a self-standing offense. Instead, it's a fundamental principle guiding the interpretation and application of various criminal offenses within the StGB related to unfair competitive practices. Proving a violation usually requires demonstrating an intent to unfairly hinder or eliminate competition, along with the actual implementation of actions detrimental to fair market practices. The specific legal basis for prosecution will depend on the exact actions undertaken. The UWG itself primarily focuses on civil remedies, but serious breaches can also lead to criminal prosecution under the StGB. The line between civil and criminal liability in this area can be complex and requires careful legal assessment.