Unfair competition in czech republic and in france
INTRODUCTION
-Competition law (“antitrust”)
-Unfair competition ( Nekalá soutěž )
LEGAL BASIS
-Action.
-Remedies.
SCOPE OF UNFAIR COMPETITION LAW
-Who is concerned?
-What kind of act ?
CONCLUSION
BIBLIOGRAPHY INTRODUCTION
Competition law (“antitrust”)
DEFINITION
Competition : It is the situation where a person or an enterprise is compared to others in the same market (offers same kind of service/products, at equivalent prices). The word “competition” can be applied for production or commercial activities, services, even if those activities have a civil character. In order to realise profit and to improve their situation competitors use several means but this is not only up to them because there are some rules of “competition law”.
Competition law: It is the a set of laws concerning conquest and maintenance of market share, which prohibits some types of acts in competition and determines appropriated sanctions in case of breach of these interdictions. Unfair competition law is a part of competition law, like mergers and acquisitions, dominance and monopoly, collusion and cartels, public procurement and state aid, but, both in France and in Czech Republic, “Unfair competition” contrary to the other laws, is a private law.
HISTORY OF COMPETITION LAW
Competition law is very old, since it dates back to the Roman Empire: business practices of guilds, traders of the market and governments were under surveillance and sometimes subjects to severe sanctions.
In France, the principle of freedom of trade and industry, protected by the competition law, is born in 1791 by the Allarde Law, which abolished guilds. This principle is become a Principle General of Law applicable even without text by a State Council decision of June 22, 1951, “Daudignac” and is now a constitutional principle (30 October 1981, “broadcasting monopoly” and 16 January 1982, “ nationalization law”)
In the Czech Republic, before 1948, competition