Unfair Competition in the Realm of E-Commerce
Keywords:
Competition law, equity, fair competition, e-commerceAbstract
Unfair competition in the realm of e-commerce is a subject critically examined in this article. In today’s world, the development of contractual agreements wherein one party holds a superior and dominant position over the other grants the advantaged party the ability to incorporate terms in the contract that may be deemed unfair and inequitable to the opposing party. This issue has prompted legislators in various countries, as well as in transnational legal instruments, to enact and enforce stringent regulations aimed at countering such unfair contractual terms. The phenomenon of unfair competition has also manifested itself in the digital sphere of e-commerce. Given that a significant number of transactions and exchanges take place within this domain, it is necessary to establish legal provisions to protect individuals who suffer harm due to unfair competition. The research method adopted in this article is descriptive-analytical, utilizing library resources for data collection and compilation.
References
Dunn, H., Vaz e Dias, J. C., Kang, C., Cañadas Arcas, D., Monteverde, P., Strommer, P., Roy, R., Iriarte, S., Williams, T., & Castellanos, X. (2024). UCC COMMITTEE - POLICY DEVELOPMENT SUBCOMMITTEE INTERNATIONAL TRADEMARK ASSOCIATION (INTA). https://www.inta.org/wp-content/uploads/public-files/advocacy/committee-reports/Modern-or-Contemporary-Unfair-Competition-Practices
Ghafari, H. (2004). Comparative study of the position and role of the government in economic systems. Tehran: Commercial Printing and Publishing Company.
Ivanova, K., Myltykbaev, M., & Shtodina, D. (2022). The concept of cyberspace in international law. Law Enforcement Review, 6, 32-44. https://doi.org/10.52468/2542-1514.2022.6(4).32-44
Kang, Y. (2024). Research on Unfair Competition in the Digital Economy: Innovation, Regulation, and Balancing Strategies. https://www.shs-conferences.org/articles/shsconf/pdf/2024/20/shsconf_sess2024_01007.pdfhttps://doi.org/10.1051/shsconf/202420001007
Ksenia, A. I., Madi Zh, M., & Daria, D. S. (2022). The concept of cyberspace in international law. Law Enforcement Review, 6(4), 32-44. https://doi.org/10.52468/2542-1514.2022.6(4).32-44
Mahmoudi, A. R. (2014). Competition law in Turkey. Tehran: Foroush Publishing.
Meng, F. (2015). Unfair Competitive Behaviors under the Network and Its Rule of Law. https://doi.org/10.2991/icetem-15.2015.42
Moazeni, R. (2014). Public economic law. Tehran: Majd Publishing.
Reibold, D. M., & Firth, A. (2022). Free competition and monopoly: Experience from several countries, Germany, the United States, and England (F. Azarfar, Trans. ed.). Tehran: Ney Publishing.
Salimi, F. (2014). Interaction of consumer rights and competition law. Tehran: Majd Publishing.
Samavati, H. (2011). An introduction to commercial competition law and its role in policymaking. Tehran: Ferdowsi Publishing.
Senftleben, M. (2024). Article 10bis of the Paris Convention as the common denominator for protection against unfair competition in national and regional contexts. Journal of Intellectual Property Law & Practice, 19(2), 81-89. https://doi.org/10.1093/jiplp/jpad122
Taubman, A., Wager, H., & Watal, J. (2020). Provisions of the Paris Convention for the Protection of Industrial Property (1967) referred to in the TRIPS Agreement. In A Handbook on the WTO TRIPS Agreement (pp. 338-355). Cambridge University Press. https://doi.org/10.1017/9781108883511.016
Xu, Z. (2022). The Regulation Anti-Unfair Competition Law on Either-or Choice Behavior of Online Platforms in E-Commerce. BCP Business & Management, 19, 585-593. https://doi.org/10.54691/bcpbm.v19i.851