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On 15 August 2005 German publisher Axel Springer AG notified the German Bundeskartellamt (the Federal Competition and Cartel Authority) of its plans to take over the media company ProSiebenSat.1 Media AG by means of a buy-out (document reference B6-103/05). Springer's publishing division is Europe's largest newspaper publishing concern, producing titles that include Bild, Germany's biggest selling tabloid, and Die Welt. ProSiebenSat.1 Media AG controls a group of four broadcasters responsible for general channels Sat.1, ProSieben and kabel eins as well as the news channel N24. Axel Springer AG,...

In July 2005, the Oberlandesgericht (regional appeal court - OLG) in Munich upheld a first-instance decision by the Landgericht München I (Munich district court), banning the Heise publishing house from offering a hyperlink to the homepage of a software manufacturer, which sells software that can be used to circumvent the copy protection mechanisms on DVDs. The Landgericht had granted an application filed by eight music publishers for an injunction in accordance with Articles 823.2 and 1004 of the Bürgerliches Gesetzbuch (Civil Code) on account of a breach of Article 95 a para. 3 of the Urhebergesetz...

Following a complaint by the Verbraucherzentrale Bundesverband e.V. (national consumer advice centre - VZBV), the Oberlandesgericht (regional appeal court - OLG) in Frankfurt am Main decided on 30 June 2005 that the Internet-based " Autokids-Club ", which was aimed at children and run by the car manufacturer Škoda, infringed competition law (case no. 6 U 168/04). On the website http://www.autokids.de/, children could apply for membership of the " Škoda Kinderclub Autokids ", which entitled them, amongst other things, to discounts at leisure parks and invitations to special events, some of which...

In July 2005, the Berlin Kammergericht (Supreme Court) and Landgericht (District Court - LG) ruled in two cases on the media law principle of separation between editorial content and advertising. The Kammergericht granted an application brought under competition law by a local radio broadcaster for an injunction against the supplier of the disputed programme. The dispute concerned an interview with the owner of a local meat company, produced by the defendant and broadcast by the claimant. The court ruled that the interview breached competition law, since it amounted to surreptitious advertising...

According to a decision of the Landgericht Köln (Cologne District Court) of 27 April 2005, the use of a "virtual video recorder" can represent an intrusion on the rights of a broadcaster under Art. 87.1 of the UrhG (Copyright Act). The case followed a complaint filed by a TV company against the operator of an electronic programme guide. The programme guide included a feature whereby the user could watch TV programmes after their original broadcast time. This was made possible by the provision of storage space on the company's servers. The signal received from the broadcaster would be redirected...