Unfair competition law has acquired a reputation as a topic which is politically too hot to harmonise. That is presumably why the Unfair Commercial Practices Directive regulates unfair “business-to- consumer” practices, but leaves “business-to-business” practices largely unregulated, at least in terms. This article argues that the supposed division between the two is impossible to maintain, and that the makings of a European law of unfair competition may already be latent within the Directive. This proposition, and some of its potential consequences, are examined by reference to the concept of unfair competition in the Rome II Regulation on the applicable law in cases of non-contractual liability, the travaux préparatoires for the latter, and the present extent of liability for unfair competition in German and English law.
- Unfair competition,
- consumer law,
- private international law,
- European law
Available at: http://works.bepress.com/christopher_wadlow/45/