openPR Logo
Press release

Anti-competitive advertising featuring flat rate for tooth cleaning and bleaching

07-27-2017 12:03 PM CET | Politics, Law & Society

Press release from: GRP Rainer LLP

Anti-competitive advertising featuring flat rate for tooth

According to a ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt] from July 21, 2016, dentists offering tooth cleaning or bleaching services at a fixed flat rate are violating competition law (Az.: 6 U 136/15).

In the instant case, the OLG Frankfurt held that offering tooth cleaning and bleaching services at a flat rate price violates both the provisions of the fee schedule for German dentists and competition law.

The legal dispute arose in relation to an offer made by a dentist on an online portal for tooth cleaning and bleaching services at a fixed flat rate. Consumers could acquire the relevant coupons through so-called “deals”. A legal suit for an injunction against this offer was brought by the professional association for dentists in Hesse. It argued that the dentist in question had improperly offered dental services at a discounted fixed price which fell considerably short of the framework established in the fee schedule, stating that this was anti-competitive.

The OLG Frankfurt agreed with this view. The Court ruled that the fee schedule for dentists represents a mandatory set of pricing rules for all dentists. It went on to say that the fee schedule is supposed to ensure transparency when it comes to billing for dental services and should be considered a market behaviour rule in terms of Germany’s Gesetzes gegen den unlauteren Wettbewerb (UWG) [Unfair Competition Act] and thus any violation of this should be deemed anti-competitive.

The Court reasoned that if these fixed prices were permissible, there would be a risk of patients with a limited treatment requirement “cross-subsidizing” patients in need of substantially more intensive treatment. The OLG also noted that there would be a risk of the treatment being shortened beyond reasonable limits because of the fixed price. It stated that while a flat rate can be agreed in individual cases, this can only be arranged following a preliminary examination of the patient and the creation of a treatment and cost plan.

Doctors and dentists are, like many other professional groups, in competition with one another. We at the commercial law firm GRP Rainer Rechtsanwälte note that it is therefore understandable why they would wish to draw in patients with special offers or services. Notwithstanding this, they must observe the rules of competition law in doing so, since violations can give rise to severe penalties. Lawyers who are versed in the field of competition law can advise accordingly.

https://www.grprainer.com/en/legal-advice/intellectual-property-law-and-trademark-law/competition-law.html

GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Gürzenich-Quartier
Augustinerstraße 10
50667 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
www.grprainer.com/en

This release was published on openPR.

Permanent link to this press release:

Copy
Please set a link in the press area of your homepage to this press release on openPR. openPR disclaims liability for any content contained in this release.

You can edit or delete your press release Anti-competitive advertising featuring flat rate for tooth cleaning and bleaching here

News-ID: 644399 • Views: 1544

More Releases from GRP Rainer LLP

GRP Rainer Rechtsanwälte – Experience in establishing companies
Choosing the right corporate form when establishing a company can contribute a great deal to the economic success of the business. We at the commercial law firm GRP Rainer Rechtsanwälte advise numerous businesses on company formation and takeovers as well as in the event of a change of partners or shareholders. In our experience, the partners or shareholders frequently neglect one critical point amidst all the euphoria: choosing the right corporate
OLG Köln: Will written with non-dominant hand valid
It is possible for a will to be valid even if it was written with the hand one does not normally write with. That was the verdict of the Oberlandesgericht (OLG) Köln [Higher Regional Court of Cologne] in its ruling of August 3, 2017 (Az.: 2 Wx 149/17). In addition to preparing a notarized will, a testamentary disposition can also be handwritten. To this end, the will needs to be written
OLG Köln: Only serious misconduct justifies withdrawal from contract of inherit …
Apart from a will, it is also possible to prepare a contract of inheritance as a way of organizing one’s estate. It should be noted, however, that a contract of inheritance has a significantly stronger binding effect. In the absence of a will or contract of inheritance, the rules of intestate succession apply automatically following the death of the testator. If these run contrary to the testator’s wishes, a testamentary disposition
Commercial agent’s claim for compensation following voluntary termination
A commercial agent may even be entitled to compensation if he or she voluntarily issues notice of termination. However, the company’s conduct needs to give rise to legitimate grounds for termination for this to happen. When a commercial agency agreement is brought to an end, the commercial agent often has a right to compensation. This is because the company in a lot of cases continues to profit from the client contacts

All 5 Releases


More Releases for Frankfurt

OLG Frankfurt: The term “centre” potentially misleading
A ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt] shows that difficulties can arise if there is a desire at a later date to change the name of a company which was taken over and its name carried forward (Az.: 20 W 411/12). GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: In the case before the Oberlandesgericht Frankfurt,
IPTV at Frankfurt Airport
At Frankfurt Airport, dreams of the future already come as standard: television and radio programmes are distributed all over the airport grounds site using IPTV. The existing network infrastructure is used as a basis here. The operating company, Fraport AG uses the IPTV hardware and software of manufacturer Teracue for its distribution. More than 90 television and radio channels are distributed over the IPTV network at Frankfurt Airport today. Amongst others,
Counting down to Cleanzone in Frankfurt
In just a few days, Cleanzone, the international trade fair for cleanroom technology, will be opening its doors in Frankfurt for the first time, presenting some 40 market leaders with their products and services in Hall 4.0 on 24 and 25 October. There will be a great deal of hands-on expertise and industry highlights on offer for cleanroom users, not to mention a wealth of scientific know-how provided by prominent
EXPATS IN FRANKFURT | Frankfurt Community Activities
„New in Town | Meet new people in Frankfurt and Rhine-Main-Region" - International Expat Community Group starts now in Frankfurt as a non-profit socializing club. - Our aim is to bring local people and Expats together to have fun with different people while doing sport, party, travel and social events, meet up with new people in the Frankfurt and the Rhine-Main-Area. We organize events or just bring people together for some sport like running,
New Expats in Frankfurt | New Expat Community in Frankfurt
„Expats New in Town | Community for Expats in Frankfurt and Rhine-Main-Region” International Expat Community Group | Easy Expat Community in Frankfurt am Main. Meet fellow Expats from Frankfurt’s international community on our regulary events! Our aim is to bring local people and Expats together to have fun with different sport, party, travel and social events, meet up with new people in the Frankfurt and the Rhine-Main-Area. We organize events or just bring people
CHEAP FLIGHTS TO FRANKFURT
A world-class city with an imposing skyline, Frankfurt is every urbanite’s dream come true. The moment you set foot in here, you are greeted by a luxe cosmopolitan feel, stunningly beautiful landscapes, striking vistas, unseen panoramas and warm and friendly locals. A popular tourist city, it draws crowds in large numbers. This is probably the reason why you’ll never have a problem finding a cheap flight to Frankfurt. A vibrant