Content of Illegal Actions of Economic Entities as Part of Unfair Advertising

The aim of the present final qualifying bachelor’s paper is to analyze the content of illegal actions of economic entities as part of unfair advertising. The main objectives of this study are to: 1) to consider the concept of advertising, its content and types; 2) to analyze the concept of good faith; determine the elements of unfair advertising; 3) to examine the content of actions of economic entities in each of the elements of unfair advertising in the following aspects: its relevance to the objective requirements for the actions, to the subjective intentions of the legal entity, and to the provisions of the doctrinal definitions about unfairness. The work consists of introduction, three chapters, nine paragraphs, conclusion and bibliography. The first chapter is devoted to the study of the concept of advertising as a multifaceted phenomenon, its legal regulation and the good faith requirement. The second chapter explores the concept of good faith, and the composition of the unfairness and unfair advertising. The third chapter analyzes the elements of unfair advertising in the aspects given above and bases on the consideration of judicial practice and the practice of antitrust authorities. These findings make it possible to conclude that, firstly, the content of the illegal actions of economic entities as part of unfair advertising is characterized from an objective point of view, which means each of the elements of unfair advertising is the objective requirement for the legal entity’s actions. And secondly, the subjective entity’s intention is irrelevant to the composition of the unfair advertising, though, it often constitutes the basis for identifying the essence of the offense.