THE HYSTORICAL, PHILOSOPHICAL AND LEGAL FUNDAMENTALS OF COMBATING UNFAIR COMPETITION

Abstract

Unfair competition is abuse. It is abuse against freedom of competition. Abuse against freedom of initiative and freedom of commerce. Who shall obey the laws of honour and probity? Who has the obligation to do it? Fair businessmen! Who says unfair, means contrary to the objective behaviour of honest man in business. Of man for whom the freedom of the other cannot be violated by the exercise of his liberties, because he understands his own freedom as a necessity. Business morality is a particular form, a species of universal morality, the sum of legal constraints and honest commercial practices sanctioned by law. But the world of businessmen is not populated by angels.

Keywords

• unfair competition
• freedom of competition
• monopoly
• freedom of commerce and industry
• abuse of freedom