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M. Beenken, “Are Insurance Brokers Independent?,” Journal of Insurance Law, no. 4, pp. 185–192, 2026.
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In Germany, several antitrust rulings have been handed down against insurance brokers. They were prohibited from advertising their independence because they accept commissions from insurance companies for their services. This has sparked a new debate about the self-image of this profession, which may also be relevant for Austria. From the perspective of European law, it is noteworthy that, as part of the retail investor strategy, the term “independence” is also to be linked to the form of compensation. MiFID II thus once again supersedes the IDD. This article examines the traditional professional profile of the insurance broker, the competitive assessment of the claim to independence, the European law dimension, and conclusions for the profession. It is based on German regulations and court rulings.