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In a ruling of 12 December 2013 (case no. I ZR 192/12), the Bundesgerichtshof (Federal Supreme Court - BGH) decided that linking a competition to the sale of sweets in a television advertisement was admissible, provided the diligence requirement set out in Article 3(2)(3) of the Gesetz gegen den unlauteren Wettbewerb (Unfair Competition Act - UWG) did not apply, since the advertisement was aimed not only at minors. The case concerned a TV commercial for a competition in which customers had to purchase the advertised sweets in order to take part. The advertisement showed the presenter Thomas Gottschalk...

Since 2010, Belgian French-language newspaper publishers have been in dispute with the Belgian public service broadcaster RTBF, which they accuse of developing its online activities, more specifically by publishing written content on its website in addition to the audiovisual content that forms part of its public broadcasting remit. The newspaper publishers claim that this written content creates unfair competition, especially as it benefits from public funding in the form of the annual subsidy granted to the RTBF by the French Community of Belgium. The publishers have brought three legal actions...

On 27 January 2014 the Audiovisual Media Authority (AMA) approved the Broadcasting Code for audiovisual media operators. According to the regulator, the Code is meant “as a step to further complete the legal and sublegal framework for the monitoring and controlling of radio and television stations’ activity.” The Broadcasting Code further specifies the guiding principles regarding content of audiovisual media laid out in the Act on Audiovisual Media No. 97/2013 approved in March 2013 (see IRIS 2013-8/9). More specifically, the Code tackles in detail the guiding content-related principles for audiovisual...

The Закон за филмска дејност (Act on Film Activities - LFA) entered into force on 1 January 2014. It aims to support and intensify the film activities in the country and to create positive conditions for further development of the film infrastructure. The Agency for Film will be the main State body, which will directly support the film activities and will work in accordance with a four-year Strategy for Development of Film Activities in the Republic of Macedonia. The Head of the Agency as well as the members of the Managing Board will be directly appointed by the national Government. The Agency...

The Comisión Nacional de los Mercados y la Competencia (national commission for markets and competition - CNMC) was created by Act No. 3/2013, which was adopted on 4 June 2013. The commission combines functions involving the smooth running of the markets and sectors which until now have been controlled by various authorities with responsibility for the sectors of energy, the telecoms market, competition, the railways, the postal sector, airports, and the audiovisual media. These attributions have earned it the nickname of "super-regulato"r (superregulador). The Council of the CNMC is its decision-making...