Law Against Unfair Competition

Towards a New Paradigm in Europe?

  • Reto M. Hilty
  • Frauke Henning-Bodewig

Part of the MPI Studies on Intellectual Property, Competition and Tax Law book series (MSIP, volume 1)

Table of contents

  1. Front Matter
    Pages I-X
  2. Frauke Henning-Bodewig
    Pages 53-60
  3. Jochen Glöckner
    Pages 101-109
  4. Frauke Henning-Bodewig
    Pages 111-125
  5. Wolfgang Schuhmacher
    Pages 127-137
  6. Antonina Bakardjieva Engelbrekt
    Pages 161-181
  7. Jennifer Davis
    Pages 183-198
  8. Peter Grilc
    Pages 221-229
  9. Ryszard Skubisz, Janusz Szwaja
    Pages 231-248
  10. Vytautas Mizaras
    Pages 249-257
  11. Back Matter
    Pages 259-271

About this book


Unfair competition law is concerned with fair play in commerce. It is generally regarded as necessary – together with antitrust law – in order to steer competition along an orderly course, and thereby to contribute to promoting an efficient market system that serves the interests of all participants. Nevertheless the significance of unfair competition law varies from one country to another. Whereas in some countries, such as Germany, it is seen as one of the most effective commercial laws, in other countries, such as the United Kingdom, it leads rather a shadowy existence. From the outset, this discrepancy laid in the differences in national legal s- tems. Whilst those continental European countries that possessed a written civil law when instances of unfair competition emerged, more or less successfully attempted to incorporate them in the existing tort law system, protection in the common law countries was restricted to some narrowly defined torts, in particular “passing off”. At this stage one of the few shared convictions was, that the protection of “honest entrepreneurs” was at issue; on this basis, in 1900, the only regulation at the int- bis national level until now was enacted, Art. 10 of the Paris Convention.


Consumer Protection European Union (EU) European harmonisation Hungary Unfair Competition competition law economy

Editors and affiliations

  • Reto M. Hilty
    • 1
  • Frauke Henning-Bodewig
    • 1
  1. 1.Max Planck Institute for Intellectual Property, Competition and Tax LawMunichGermany

Bibliographic information

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