Economic entities shall be prohibited from performing any actions contrary to fair business practices and good usages and which may negatively affect the competitive potential of another economic entity (Article 15 of the Law on Competition).

Article 15 of the Law on Competition defines the actions of unfair competition, which may include, for example:

  • unauthorised use of a reference mark identical or similar to the name, registered trade mark or unregistered well known trade mark or any other reference mark having a distinguishing feature of another economic entity, if this causes or is likely to cause confusion with that economic entity or its activity, or where it is sought to take undue advantage of the reputation of that economic entity (its mark or reference mark) or where this may be detrimental to the reputation (mark or reference mark) of that economic entity, or where it may reduce the distinguishing feature of the mark or reference mark used by that economic entity;
  • misleading of economic entities by providing them with incorrect or unsubstantiated information about the quantity, quality, components, properties of usage, place and means of manufacturing and price of its goods, or concealing the risks associated with the consumption, processing or other usage of those goods;
  • usage, transfer, disclosure of information representing a commercial secret of another economic entity without its consent as well as obtaining of such information from persons having no right to transfer such information, in order to compete, seeking self-benefit or inflicting damage on that economic entity, etc.

The Competition Council shall investigate the actions of unfair competition only in those cases where these actions violate the interests of the majority of economic entities or consumers (Article 16 of the Law on Competition).

Performing the actions of unfair competition investigated by the Competition Council may impose on economic entities a fine of up to three per cent of the gross annual income in the preceding business year (Article 36 of the Law on Competition).

Last updated: 07 06 2016