Online-Angebote und Werbeblockersoftware

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Abstract The discussion on the legal admissibility of ad-blocking software is currently one of the most controversial issues in intellectual property as well as competition law and has been interpreted differently in the domain of jurisprudence and the relevant literature. This issue is of great practical relevance, because website operators are increasingly losing advertising revenue due to the extensive use of ad-blocking software by an ever-greater number of consumers today.

This work is concerned with the question as to whether ad-blocking software companies’ business model is permissible under the UWG. The focus of this investigation into the competitor protection stipulated in the UWG is the deliberate obstruction of website operators within the meaning of § 4 Nr. 4 UWG. In addition, this work addresses the question as to whether and to what extent website operators may prohibit users from employing ad-blocking software when using their web pages. Within this context, alternative courses of action that can be taken to counteract ad-blocking software will be illuminated and evaluated from a legal perspective.