Whitelisting Violates German Unfair Competition Act

On 24 June 2016, the long-awaited decision on ad blocking software was adopted by the Higher Regional Court of Cologne (6 U 149/15 – Axel Springer./.Eyeo). This is the first decision on the subject matter taken by an Appellate Court in Germany, and it is a decision that takes a critical view on ad blocking software applications with so-called whitelisting. The judgment is in favor of claimant Axel Springer, Germany's largest publishing house and provider of online content, and it limits the activities of ad blocking provider Eyeo GmbH. The decision will further fuel the debate that recently reached a preliminary peak, with the commission on media convergence (Bund-Länder-Kommission zur Medienkonvergenz) proposing a prohibition of ad blocking software to secure media diversity.