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An offer of software that allows Internet users to suppress the display of advertising when retrieving ad-funded Internet sites is not an unfair deliberate obstruction within the meaning of Sec. 4 No. 4 of the Act Against Unfair Competition. This is the case even when the program allows for certain advertisements to be shown when the advertisers pay the program’s provider for this service.
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The offer of an ad-blocking software also does not constitute an aggressive commercial practice within the meaning of Sec. 4a(1) of the Act Against Unfair Competition with respect to the companies with an interest in placing advertising.
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Translation by Allison Felmy.
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Basic Law, Arts. 2(1), 5(1) second sentence, 12(1); Act Against Unfair Competition, Secs. 2(1) Nos. 1 and 3, 3(1), 4 No. 4, 4a(1) and (2), 8(3) No. 1. “Ad Blocker II (Werbeblocker II)”. IIC 50, 630–642 (2019). https://doi.org/10.1007/s40319-019-00822-z
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DOI: https://doi.org/10.1007/s40319-019-00822-z