Protection against unfair competition: current status and future prospects

Firstly new, more and more comprehensive provisions creating mechanisms for protection of consumers justified with the concept of the “weaker party” applied to contractual relationships with traders. Secondly the formula of “consumer welfare” as important objective of antitrust regulations. Thirdly even broader accessibility of legal mechanism of IP protection applied against slavish imitation or to protect the reputation of brands and well-known products. With that said, do we still need “unfair competition” or “unfair trading” regulations? This was the guiding issue during the MPI-Workshop Why Specific Rules on Unfair Trade Practices?, that took place in Berlin 9-11 November 2014 and was organized by the Max Planck Institute for Innovation and Competition (Munich).

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