Quote
E. Wingerter, “Commentary on the Federal Court of Justice (BGH) Decision of February 24, 2026, KZR 51/22, Booking.com,” Zeitschrift für Wirtschaftsrecht, pp. 1384–1385, 2026.
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In the event of an infringement of Section 19 (1), (2) nos. 1 and 2 ARC, it is sufficient for the claimant to be affected pursuant to Section 33
(1) and (3) ARC, it is sufficient that the conduct restricting competition is capable of directly or indirectly prejudicing the claimant. The element of solicitation within the meaning of Section 19 (2) No. 2 GWB is already fulfilled if a
corresponding offer is seriously made.