Authors

The notion and general characteristics of unfair competition

Unfair competition is believed to constantly go hand in hand with free competition that in its turn is an indispensible condition to balance demand and supply in the commodity and service market. Free competition, typical of developed economic systems, provides equal conditions of management that can be achieved only under governmental influence. A specially constructed institution of unfair competition is considered to be one of the forms of this influence. The purpose of the institution is to protect participants of civil circulation, including commodity, work, and service consumers, from actions of economical subjects that are aimed at gaining certain benefits. In the article the author analyzes and gives a critical evaluation to the model of unfair competition, accepted by the Russian legislation, on the present day stage in the development of civil circulation.

Direct discredit as a type of unfair competition

The article gives a detailed description of direct discredit and enumerates its features. Direct discredit is one of the types of unfair competition prohibited by the Federal Law «On Competition Protection*. On the basis of the legal analysis of the Federal Law regulations, court decisions, and specialized scientific literature the author reveals a specific character of spreading false, inaccurate, or distorted information that may bring material losses to an economical subject or damage their business name. The author sums up experience of legal regulation of competitive relations and expresses his view on how to tackle separate issues of direct discredit.

Illegal using the competitors secrets, as an act of unfair competition

This paper describes detailed characterization of illegal obtaining, using, and disclosure of secret commercial information, which is the type of unfair competition acts, prohibited by the Federal Com¬petition Law. Based on analysis of legal norms of the federal legislation, court decisions and the special scientific literature, the author reveals the specifics of conditions and criteria of disorganization of the com¬petitor. The author summarizes the experience of the legal regulation of competitive relations, and offers solutions of problems in qualification of competitive action as an act of unfair competition.