Informationspflichten im Wettbewerbs- und Vertragsrecht

Market practices law and contract law are converging, particularly in the field of information duties. Christoph Busch shows similarities between the sets of rules in the BGB (German Civil Code) and the UWG (Unfair Competition Act). He shows the parallels with regard to patterns of argumentation and proposals for systematization in case law and jurisprudence and develops common criteria for the justification of information duties for both areas of law. It becomes obvious that the protection of the market order by competition law and the protection of private autonomy by contract law constitute a functional unity. The author sketches a path towards a 'comprehensive information regime' to be developed by lawmakers and scholars. The need for such a step is highlighted by the recent directive on unfair commercial practices.