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International Handbook on Unfair Competition

International Handbook on Unfair Competition
Author: Frauke Henning-Bodewig
Publisher: Hart Publishing Limited
Total Pages: 653
Release: 2013-01
Genre: Competition, International
ISBN: 9783406633102

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Written by a worldwide team of experts, this book surveys and comments on the unfair competition laws of the world's leading economic powers. Following a standard pattern, each chapter introduces the reader to the latest developments in each jurisdiction, highlighting the ways in which the basic legislation and case law relates to enforcement issues, and how unfair competition laws fit with wider considerations of consumer protection and within prevailing intellectual property and competition law frameworks. Each of the country reports follows the same standard structure, which includes: background and general approach to unfair competition law * legal basis of unfair competition law and relations to neighboring areas of law * general considerations * general clause against unfair competition * marketing * protection of competitors against unfair trade practices * specific protection of consumers against unfair trade practices * enforcement. The country reports cover the following countries: Australia, Austria, Brazil, Canada, China, France, Germany, Hungary, India, Italy, Japan, Lithuania, Netherlands, Poland, Spain, South Africa, Sweden, Switzerland, Turkey, the UK, and the US.


Book Review

Book Review
Author: Burton Ong
Publisher:
Total Pages: 12
Release: 2014
Genre:
ISBN:

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The law of unfair competition stands at the intersection between several spheres of law: these include tort law, antitrust law, intellectual property law, consumer protection law and various statutory regimes regulating specific areas of commercial conduct. Given the divergence between the legal traditions of different legal systems, particularly between the common law and civil law based jurisdictions, the organisational structure of this area of the law varies dramatically from country to country. The scope of unfair competition encompasses areas of conduct as diverse as product design, sales, advertising, marketing and other commercial dealings with a trader's competitors, customers, and parties upstream or downstream from the business. While all these legal systems recognise the importance of regulating the behaviour of traders in the marketplace to ensure compliance with their respective thical norms of fair conduct and honesty, their individual approaches towards responding to these issues depend very much upon the architecture of their respective legal regimes.


The International Handbook of Competition

The International Handbook of Competition
Author: Manfred Neumann
Publisher: Edward Elgar Publishing
Total Pages: 431
Release: 2013-01-01
Genre: Law
ISBN: 1849806063

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ÔThis comprehensive Handbook demonstrates that academic thinking, new and old, has a role to play in shaping modern competition policy.Õ Ð Gunnar Niels, Oxera This indispensable Handbook examines the interface of competition policy, competition law and industrial economics. The book aims to further our understanding of how economic reasoning and legal expertise complement each other in defining the fundamental issues and principles in competition policy. In specially commissioned chapters the book provides a scholarly review of economic theory, empirical evidence and standards of legal evaluation with respect to monopolization of markets, exploitation of market power and mergers, among other issues. The International Handbook of Competition Ð Second Edition will be accessible to a wide audience including students of economics and law, public administrators, lawyers, consultants, and business executives.


Unfair Competition Law

Unfair Competition Law
Author: Frauke Henning-Bodewig
Publisher: Kluwer Law International B.V.
Total Pages: 274
Release: 2006-01-01
Genre: Law
ISBN: 9041123296

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The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.


United States Competition Law with respect to Unfair Trade Practices

United States Competition Law with respect to Unfair Trade Practices
Author: Philipp Rosenauer
Publisher: GRIN Verlag
Total Pages: 38
Release: 2011-05-23
Genre: Business & Economics
ISBN: 3640922786

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Bachelor Thesis from the year 2010 in the subject Business economics - Law, grade: 1, University of Linz, course: Bachelorseminar, language: English, abstract: According to Black’s Law dictionary, competition is the struggle for commercial advantage. The efforts taken of companies to achieve the respective commercial advantages can be – especially in a free market economy – ample. Let's illustrate this fact by the following examples: Suppose that a automobile manufacturer, incensed by a car magazine’s constant ridicule of its cars, launches a rival magazine with a similar name and layout, copies the other paper's stories,lures away the employees, advertisers and subscribers of the other magazine by offering them higher wages and lower advertising and subscribing rates and finally succeeds in running its critical opponent out of business. Has the automobile manufacturer engaged in any unfair trade practices for which the owners of the car magazine may seek legal remedy? Or has the manufacturer acted in a permissible way to the magazine’s attack? Furthermore, could the magazine be said to have engaged in an unfair trade practice by permanently ridiculing the cars and its manufacturer2? How can a merger between two or more businesses which are on the same market level and which manufacture similar products in the same geographic region influence consumers? What if two competitors agree in the artificial setting of prices at a certain level, contrary to the workings of the free market? Do consumers have legal remedies against companies who engage in false advertising or who distribute faulty and dangerous goods? The body of law which deals with these subjects is known as competition law, which can broadly be divided into Consumer Protection Law and unfair trade practices on the one hand and antitrust-law on the other hand. The bachelor thesis at hand takes the reader to a journey through competition law with a special insight into Unfair Trade Practices. After the study of the bachelor thesis the respective reader should be able to generally orientate him- or herself in this highly practice-oriented field of law.


Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors

Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors
Author: Pranvera Këllezi
Publisher: Springer
Total Pages: 465
Release: 2014-05-05
Genre: Law
ISBN: 3642540007

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This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries. The first part of the book examines whether small and middle-sized businesses could or should be subject to specific competition rules. These businesses account for 99% of the enterprises in Europe and the United States, making this a particularly important topic. The papers consider both the public and private enforcement rules across a range of jurisdictions and a detailed international report, prepared by Michele Carpagnano, identifies general trends and highlights differences and the most interesting features of national regulations. The second part of the book gathers contributions from various jurisdictions on the unfair competition question of whether a company could or should be protected against the use of their trademark, distinctive signs and other components of their image and identity on the part of non-competing companies. The papers focus on the fundamental issue of the competitive relationship as a condition of protection under unfair competition acts and the connection to intellectual property protection. The comprehensive and insightful international report, prepared by Martine Karsenty-Ricard, brings together these reflections by comparing various national positions. The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations. The International League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.


Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings

Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings
Author: Pierre Kobel
Publisher: Springer Nature
Total Pages: 505
Release: 2021-03-29
Genre: Law
ISBN: 3030557650

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This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject. In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.


The Protection against Unfair Competition in the WTO TRIPS Agreement

The Protection against Unfair Competition in the WTO TRIPS Agreement
Author: Christian Riffel
Publisher: BRILL
Total Pages: 397
Release: 2016-06-10
Genre: Business & Economics
ISBN: 9004313478

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In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system. In particular, the author explores what hard law obligations emerge and examines a possible application to unsettled issues, such as core labour standards and traditional knowledge. Article 10bis embodies unfair competition law in a nutshell. The TRIPS Agreement incorporates this Article into the World Trade Organization, thus making unfair competition law a discipline of international trade law. By providing an effective enforcement mechanism against unfair competition, the WTO upholds ‘honest practices’ in the course of trade, alleviating enforcement deficits in other areas of international law.


Research Handbook on International Competition Law

Research Handbook on International Competition Law
Author: Ariel Ezrachi
Publisher: Edward Elgar Publishing
Total Pages: 615
Release: 2012-01-01
Genre: Law
ISBN: 0857934805

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The Research Handbook on International Competition Law brings together leading academics, practitioners and competition officials to discuss the most recent developments in international competition law and policy. This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features twenty-two contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position. Presenting an overview of the current state of cooperation and convergence as well as a comparative analysis of substance and procedure, this authoritative Handbook will prove an invaluable reference tool for academics, competition officials and practitioners who focus on international competition law.