The protection of competition in criminal law

• Applicant: Dr. Scarlett Jansen
• Subject Area: Criminal Law
• Term: from 2016 to 2021
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 289087244

There are some criminal law provisions which contain rules on free or fair competition. The research is about the protection of the phenomenon competition in criminal law. The analysis, however, will not start with the black-letter law. The project begins by investigating the basics of what competition is and if it has to be protected. In order to do so, it is nessessary to examine the theory and policy of competition as a part of economics. Further requirements will be taken from International and European law, an area that is very important in competition law. Furthermore, it will be investigated what the German Constitution requires, in particular, if protection of competition is possible or even imperative. The next step is an examination of whether criminal law is a suitable instrument to protect competition. In order to do so, it will be explored if competition is a suitable legal interest, because - according to the prevailing opinion - criminal law serves to protect legal interests. A problem might derive from the fact that competition is a phenomenon which is open for change. Moreover, competition could be a collective legal interest. The answers to these fundamental problems will help to interpret and criticize the lex lata. One question in this part of the investigation is if it is, indeed, competition or another interest that is the primary legal interest in the criminal law provisions, for example property or trust in competition. Finally, an alternative suggestion for the legal protection will be made which is compatible with the developed criterias.

• DFG Programme: Research Grants