Unfair Trading Practices

The topic chosen for this special volume of the Comparative Law Yearbook of International Business is unfair trading practices, the use of such practices being a breach of the law against unfair competition.

The principle of freedom of competition is vital to any market. Without it, there exists no protection against large companies obtaining monopolies and then ruthlessly exercising their market dominance. The ability of other companies to freely compete with such entities is, therefore, necessary to protect consumers from, for example, highly inflated prices.

On the other hand, the right to compete must also be tempered in order to avoid its abuse by traders using unscrupulous methods to sell their products or services. The use of such methods may, again, impede the businesses of others and breach the principle of fair competition.

This subject is particularly relevant in today's society, where competition plays such an important role and new technologies, such as the Internet, provide more and more scope for competition.

When faced with a case of unfair trading practices, the most immediate course of action must be to put a stop to such behaviour as soon as possible. If this is not done, a company may find itself suffering heavy losses financially and may even lose its business altogether. A temporary injunction is, therefore, a very important shield against the attack of a competitor. Once this is in place, a company may initiate proceedings in order to finalize the order and obtain damage for any losses suffered.

This book gives a country-by-country account of the provisions and procedures laid down in various jurisdictions worldwide, each contribution being provided by a leading practitioner in the area of competition law. It will, therefore, be a useful tool for anyone having to deal with unfair acts in the course of trading.

The General Editor Dennis Campbell, is Director of the Center for International Legal Studies, Salzburg, Austria. He is assisted by a distinguished Board of Advisers drawn from leading academics and practitioners in Europe, North America and the Far East.