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Dissertation
Immaterialgüter- und Wettbewerbsrecht

The Cross-Border Enforcement of Unfair Competition Law in the B2B Relationships

The PhD research is focused on the specific legal and economic problems of Cross Border Unfair competition in the B2B. The main outcome of this research will be to determine the proposal of “de lege ferenda” alternatives in this part of unfair competition law.

Last Update: 01.09.16

The PhD research is aimed at the analysis of mechanisms in the implementation and the enforcement of cross border unfair competition law from two legal dimensions: the public dimension (International Trade and Business Law) and the private dimension (Private International Law and substantive harmonization at the European level). Each part of the PhD is thus devoted to the assessment of the different problems and hurdles that the implementation and enforcement of unfair competition law finds in each of these legal dimensions. The goal of this structure is offering a well-organized and sectoral analysis on this complex topic.

As is well known, the social model of unfair competition law is divided in two categories. These categories depend on the protected interests at stake involved in the economy markets and the relationship between its market participants; the B2C relationships (business to consumer) and the B2B relationships (business to business). The PhD is basically dedicated to the analysis of the problems of unfair trade practices in B2B relationships. Suffice it to say, the most problematic aspects in the enforcement of unfair competition law can be found in this category (B2B), namely in the cross border transactions. This complexity derives among others, of the relationship and at the same time, for the overlapping with other subjects matters (IP rights, Antitrust law and Consumer law); the new challenges as a consequence of the Globalization and as a side effect of the financial crisis since 2008, or new phenomena in the market (for instance, sharing economy), and so on and so forth; the scattering of the legal sources, the new trends in competition law, consumer protection and the intrinsic relation with the investments in Innovation in the market. Despite the fact that no one can deny the economic nature of the acts of unfair competition as part of the economic law, one has to take into account its social and ethical nature. In one-way or another in the B2B relationships these aspects are having a strong influence in the business models and soft law Standars as part of the solution for the problems of unfair competition. The methodology of this PhD research is a combination of the tools given by the economic analysis of the law and the holistic analysis/approach of the law. In any event, this topic needs a deep re-evaluation by the International and European lawmakers, towards new paradigms, in order to enhance the protection of the Global market and safeguarding its good functioning as well as the weaker participants in the B2B: the small and medium enterprises.

Persons

Doctoral Student

Ana María Ruiz Martín

Doctoral Supervisor

Prof. Dr. Reto M. Hilty; Prof. Dr. José Carlos Fernández Rozas

Main Areas of Research

Methodische Grundsatzfragen des Innovationswettbewerbs