ARTICLES : ACT OF UNFAIR COMPETITION - PARASITISM - DAMAGES - AMOUNT OF THE SANCTION

Lucrative fault in the context of unfair competition law and parasitic economic relationship

The act of unfair competition or economic parasitism can be lucrative when the author realizes a gain or economy. Positive law is deficient because damages are not a high enough amount. It is appropriate to strengthen the sanction. Principle of full restitution of illicit profits is a solution.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. It is particularly interesting to confront the regime of unfair competition, to which we should add that of economic parasitism, with the question of profit-making fault. On the one hand, because acts of unfair competition and parasitic acts are, in the same way as infringements of privacy and counterfeiting, classically mentioned as being likely to result in a gain or saving for the offender, which will persist despite the condemnation [1]. Moreover, they have often been denounced as leading to action, if only out of economic rationality, illegality being, from this point of view, more interesting than respect for the law [2]. This observation has led

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  • University Littoral-Cote d’Opale (Dunkerque)

Quotation

Rodolphe Mesa, Lucrative fault in the context of unfair competition law and parasitic economic relationship, May 2013, Concurrences N° 2-2013, Art. N° 51605, pp. 49-55

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