Author Archives: admin

Confusion in products is unfair competition

June 9, 2017

The fact that one gas distributor also filled the gas cylinders of competitors caused confusion to consumers and therefore constituted unfair competition. This was decided by Mr Justice Mark Chetcuti in a judgement in Liquigas Malta Limited -v- William Mifsud, Jason Mifsud and Easygas Malta Limited.
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RIMOWA luggage shape protected under the Anti-Unfair Competition Law (AUCL)

February 22, 2017

The signature shape of RIMOWA luggage was recognized as “particular ornament of famous commodity” during a civil litigation in front of Zhongshan First People’s Court (hereinafter the “Court”) in Guangdong under Art. 5.1(2) of the Anti-Unfair Competition Law (AUCL). News reports that it is the first time for RIMOWA to obtain such recognition in China. Indeed – we must admit – the application of said Art. 5.1(2) AUCL is very uncommon and, besides the Ferrero Rocher chocolates and the CROCS shoes, not many foreign brands can claim being awarded such kind of protection.
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Competition Law: U.S. DOT Issues Request for Information Regarding Potentially Unfair Business Practices

October 25, 2016

On Tuesday, October 18, 2016, the White House and the United States Department of Transportation (DOT or the “Department”) announced a suite of actions to enhance protections for consumers who travel by air. While almost all of the actions pertain only to the aviation industry, there is one notable exception that has potentially broad implications for all companies subject to competition regulation in the United States. Specifically, DOT issued a Request for Information (RFI) “Exploring Industry Practices on Distribution and Display of Airline Fare, Schedule and Availability Information.” Available at https://www.transportation.gov/airconsumer/RFI-exploring-industry-practices-impacting-distribution-display-of-airline-fare. The RFI seeks information on whether DOT should mandate that airlines provide certain information to online travel agents, metasearch sites and other entities purportedly to avoid unfair or deceptive trade practices that harm consumers by limiting their ability to comparison shop for airline services. The RFI has potentially far-reaching effects across all industries.
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80% of small businesses complain about unfair competition

August 29, 2016

Nearly eight out of 10 small and midsize enterprises (SMEs) think Korea is not providing a level playground for large and small businesses to compete fairly, a survey showed on 29 August, 2016.

The Korea Federation of SMEs conducted the survey of 320 small business owners about the allegedly unfair business practices of their larger counterparts. 
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