Despite their differences, all 25 member States of the European Union agree that commercial activities should be controlled in the interests of market participants and that there must be rules to secure fairness. At the community level, there is a growing body of regulatory law dealing with unfair commercial practices. Within this framework, however, unfair competition law remains a matter for national law which depends on legal traditions, and cultural, linguistic and Historical particularities. It is only the two combined, the European requirements including the judicial; practice of the ECJ on the fundamental freedoms and national laws, which create European Unfair Competition Law. 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.
Preliminary comment : is there a European unfair competition law?
1 Basic considerations 1
2 International protection against unfair competition 17
3 Protection against unfair competition law on the community level 25
4 Unfair competition law in the member states 69
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