Liability Arising out of Unfair Competition in Private International Law

This graduate paper is aimed at considering the institution of unfair competition in private international law. The main objectives of the paper are: (a) studying of legal nature of unfair competition in Russia and foreign countries, and the impact of this legal nature on cross-border unfair competition; (b) studying of private law liabilities arising out of unfair competition; (c) analysis of qualification of liability arising out of unfair competition in private international law. Based on this research the following conclusions were made: firstly, as opposed to most jurisdictions, in Russia unfair competition is a complex private-public institution; secondly, unfair competition differs from the others competition wrongdoings in that unfair competition is aimed at a competitor, but not at the competition itself; thirdly, facing unfair competition public remedies provided by antimonopoly body and private remedies can be used; fourthly, an action against cross-border unfair competition can be brought to the court of the country of the defendant’s domicile or to the court of a country where the damage occurred; fifthly, the law applicable to an obligation arising out of an act of unfair competition shall be the law of the country where competitive relations are, or are likely to be, affected; sixthly, where an act of unfair competition affects exclusively the interests of a specific competitor the applicable law shall be the law of the country in which the damage occurs.