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Unfair Trading Practices

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“Unfair trading practices” is generally defined as consisting of deceptive, fraudulent, or otherwise injurious conduct, referring to practices that directly affect consumers or competitors.

In business-to-consumer relationships, unfair trading practices may involve misleading claims and advertising, conditional selling, excessive pricing, discriminatory pricing, and other misrepresentations. In business-to-business relationships, the prohibited conduct may be trade mark infringement, misappropriation, false advertising, bait-and-switch sales tactics, unauthorized substitution of brands of goods, use of confidential

information by a former employee to solicit customers, theft of trade secrets, breach of a restrictive covenant, trade libel, and false representation of products or services.

In this edition of the Comparative Law Yearbook of International Business, practicing lawyers from Argentina, Austria, Brazil, China, Germany, Italy, Japan, Poland, South Africa, South Korea, Sweden, the United Kingdom, the United States, and the European Union examine unfair trading practices in their respective jurisdictions.

Argentina, Enrique Stile, Pablo Gayol, Ignacio Sanchez Echagüe, Verónica Canese, and Santiago del Rio

Austria, Friedrich Schwank

Brazil, José Mauro Decoussau Machado and Matheus Chucri dos Santos

China, Shen Wei

Germany, Oliver Nilgen and Andreas Kabisch

Italy, Ruthann Granito and Francesca Bertini

Japan, Takashi B. Yamamoto, Takayuki Ueda, and Nozomi Satake

Poland, Marek Oleksyn, Micha³ Derdak, Karina Zieliñska, and Adriana Zdanowicz

South Africa, Evert van Eeden, Louis van Wyk, Lodewyk Cilliers, and Danie Pienaar

South Korea, Sun Chang

Sweden, Ulf Djurberg, Sophia Spala, Cathrine Abadji, Mikael Rydqvist, and Henrik Kjellander

United Kingdom, Alan Meneghetti and Natasha Ahmed

United States, Noel L. Allen, Brenner A. Allen, and Nathan E. Standley

European Union, Alessandra Franchi, Elisa Turco, and Mattia Bosio

Index

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