Die Zugabe als Werbung in der Entwicklung der europäischen Rechtsvereinheitlichung

TL;DRAbstract

In this paper the competitive-legal issue is discussed: the free gift. The free gift is a special form of the package deal and is existent, if a commodity or service is offered at no extra cost in addition to a nongratuitous staple. The acquisition of the free gift has to be contingent on the conclusion of the deal, i.e. an inner connection is necessary in such a manner that the free gift with sales is offered with regard to the acquisition of the staple. Because of this dependence it is impartially adequate to influence the customer in his decision to acquire the staple.In the past, the free gift as a means of sales promotion was considered controversial and was principally forbidden by the regulation governing free gifts with sales. Based on the approach that competition should be oriented on quality and price-worthiness, the free gift was seen as an unobjective instrument which was capable to tempt the consumer to irrational contemplations and decisions.In July 2001, the regulation

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