Commercial law. The concept of competition. Unfair competition (lecture notes)

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Commercial law. The concept of competition. Unfair competition (lecture notes)

Lecture notes, cheat sheets

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LECTURE No. 38. The concept of competition. Unfair competition

1. The concept of competition

Competition is the rivalry of economic entities, in which the independent actions of each of them exclude or limit the ability of each of them to unilaterally influence the general conditions for the circulation of goods in the relevant market (clause 7, article 4 of the Federal Law "On Protection of Competition"). An economic entity is understood as an individual entrepreneur, a commercial organization, as well as a non-profit organization that carries out activities that bring income to it.

Competition stimulates the production of those goods that are most needed by the consumer. Now in Russia there are less and less cheap food products left in large cities, the number of small shops and stalls is decreasing. This happens for obvious reasons: the fight against low-quality products, the fight for the aesthetic appearance of Russian cities.

Perfect competition takes place only under polypoly, that is, when there are many sellers and many buyers on the market. Then the market is open to everyone, the advertising campaign is not mandatory, since homogeneous goods are offered for sale, there are no preferences. The price of a commodity in such a market is a given value, while the seller only decides how much of the commodity to sell at a given price.

The Federal Law "On Protection of Competition" defines the organizational and legal framework for the protection of competition, including such measures as:

1) prevention and suppression of monopolistic activity and unfair competition;

2) prevention and suppression of preventing, restricting, eliminating competition by federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, other bodies or organizations exercising the functions of these bodies, as well as state extra-budgetary funds, the Central Bank of the Russian Federation.

The purpose of the Federal Law "On Protection of Competition" is to comply with the provisions of the Constitution of the Russian Federation, such as: ensuring the unity of the economic space, free movement of goods, freedom of economic activity in the Russian Federation, protecting competition and creating conditions for the effective functioning of commodity markets.

Protection of competition in the Russian Federation, connected with the prevention and suppression of monopolistic activities and unfair competition, extends to relations in which Russian legal entities and foreign legal entities, federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, state non-budgetary funds, Central Bank of the Russian Federation, individuals, including individual entrepreneurs; as well as agreements between Russian and (or) foreign persons and organizations reached outside the territory of the Russian Federation, if the following conditions are met in respect of such agreements in the aggregate:

1) agreements have been reached in respect of fixed production assets and (or) intangible assets located in the territory of the Russian Federation, rights in relation to Russian commercial organizations;

2) the agreements lead or may lead to the restriction of competition in the Russian Federation.

2. Unfair competition

Unfair competition - any actions aimed at acquiring advantages in entrepreneurial activity. These actions are carried out by economic entities and are contrary to the provisions of the current legislation, business practices, the requirements of integrity and reasonableness, fairness, and may also cause or have caused losses to other economic entities - competitors or damage their business reputation.

Signs of unfair competition:

1) can only be carried out by active actions, i.e. inaction excludes unfair competition;

2) the purpose of these actions is to obtain benefits;

3) as a result of these actions, losses may be caused or damage to the business reputation of competitors may be caused;

4) these actions will be considered an offense if they not only violate the current legislation, but also business practices, the requirements of integrity, reasonableness and fairness.

Unfair competition is not allowed, including:

1) dissemination of false, inaccurate or distorted information that may cause losses to an economic entity or damage its business reputation;

2) misleading about the nature, method and place of production, consumer properties, quality and quantity of goods or in relation to its producers;

3) incorrect comparison by an economic entity of goods produced or sold by it with goods produced or sold by other economic entities;

4) sale, exchange or other introduction into circulation of goods, if the results of intellectual activity and equivalent means of individualization of a legal entity, means of individualization of products, works, services were used illegally;

5) illegal receipt, use, disclosure of information constituting a commercial, official or other secret protected by law (Part 1, Article 14 of the Federal Law "On Protection of Competition").

Unfair competition associated with the acquisition and use of the exclusive right to means of individualization of a legal entity, means of individualization of products, works or services is not allowed. The decision of the antimonopoly authority on the violation of this provision in relation to the acquisition and use of the exclusive right to a trademark shall be sent by the person concerned to the federal executive authority for intellectual property to invalidate the provision of legal protection to the trademark.

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