Fair Competition in E-Commerce: How New Regulations Are Reshaping Performance Marketing

The German government has introduced an action plan to ensure fair competition in e-commerce. It specifically targets international platforms like Temu, Shein & Co., which put pressure on German retailers with their ultra-low prices.

But what does this mean for advertisers, publishers, and affiliate partners? What opportunities and challenges arise for performance marketing campaigns?

1. Stricter Market Monitoring: More Security for Advertisers & Publishers

New Rules for Market Access

• The EU customs and market surveillance authorities will intensify controls over which products enter Germany via international platforms.
• Unsafe or non-compliant products will be removed from the market more quickly.
• The goal: Equal standards for all retailers, whether local or international.

Consequences for Advertisers & Publishers

✔ Challenge: Platforms like Temu and Shein attract advertisers due to high conversion rates and aggressive pricing strategies.

✔ New Situation: If stricter regulations take effect, it might become more difficult for advertisers to work with these platforms. However, German retailers could gain an advantage by offering better compliance and trustworthiness.

✔ Tip for Advertisers: Campaigns should focus more on quality, trust, and sustainability.

2. Changes in Affiliate Marketing – Which Programs Will Benefit?

Shifting Affiliate Landscape

• Platforms like Temu & Shein often offer their own affiliate programs, with high commissions for publishers.
• If new regulations limit their reach or availability, European e-commerce programs could become more attractive again.

Opportunities for Publishers

✔ Expand partnerships with local and sustainable brands

✔ Leverage content niches (e.g., fair trade, sustainable products, “Made in Germany”)

✔ Focus on high-quality leads rather than mass traffic

3. Impact on Advertising Channels – Paid Ads & Influencer Marketing in Transition

Changing Performance Marketing Dynamics

• Google Ads & Facebook Ads: If certain platforms are heavily regulated, CPCs & CPMs may shift, benefiting advertisers working with trustworthy retailers.
• Influencer Marketing: Sustainable brands could gain momentum in influencer campaigns, as consumers increasingly value quality and transparency.

✔ Tip for Advertisers: Evaluate whether target audiences will continue shopping on Temu & Co. in the long term or shift toward alternative retailers.

4. Increased Obligations for Online Platforms

• Platforms like Temu and Shein will have to provide stronger proof that their merchants meet legal requirements.
• The Digital Services Act (DSA) requires marketplaces to only allow sellers with verified and complete business information.
• If platforms fail to comply, they face penalties or account bans.

Why This Matters for Publishers & Advertisers

✔ More transparency in affiliate marketing – fewer fake merchants & more security

✔ Stronger focus on regulated & verified partner programs

5. Greater Responsibility for Sustainability & Consumer Protection

• The government plans to fight “dark patterns” and manipulative sales tactics that trick users into unwanted purchases.
  
• The focus is also on returns management, packaging waste, and sustainability.
  
• A major issue: The throwaway mentality of discount platforms, where many products are disposed of quickly due to poor quality and lack of repair options.
  

Relevance for Performance Marketing

✔ Leverage sustainability as a marketing advantage – consumers prefer ethical and transparent brands.

✔ Advertisers should highlight sustainable product lines.

6. Impact on German Retailers & Performance Marketers

The new action plan could benefit German online shops and marketplaces by:

✔ Creating fair competition – no more unfair price advantages through tax or customs loopholes.

✔ Offering greater consumer protection – making it harder for unsafe products to enter the market.

✔ Holding platforms accountable – ensuring sellers provide full transparency.

At the same time, new challenges arise:

❌ Stricter rules apply to everyone – even local marketplaces must comply with increased obligations.

❌ Price pressure remains high – customers are used to ultra-low prices.

Conclusion: A New Opportunity for Advertisers & Publishers?

While some global players may come under pressure, German and European retailers could gain new market opportunities.

👉 Advertisers should adjust their campaigns to focus on transparency & trust.

👉 Publishers can benefit from new partnerships & programs with a focus on sustainable e-commerce.

In the long run, the shift toward fairer trade conditions can be an advantage for performance marketers working with reliable partners.