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European Unfair Competition Law And Its Enlightenment On Amending Chinese Unfair Competition Law

Posted on:2009-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:J X LiuFull Text:PDF
GTID:2166360278963502Subject:Civil and Commercial Law
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The European unfair Competition Law develops itself as the European unification constantly deepens. Following the traditional legislative model of German competition law, the European Competition Law adopts discrete legislative model. Therefore, European Competition Law and European unfair Competition Law distinct from each other in terms of legislation and application.Due to the peculiarity of the European Union, after several decades, the European unfair Competition Law has developed into a collection of laws, which consists of groups of rules holding different forces, that is: fundamental principles of freedom and equal competition set in EU treaty and other relevant treaties; regulations, directives, and decisions stipulated on the basis of the above principles; case law formed in accordance with judgments and pre-judgments made by authorized ECJ.Either from the perspective of legislative ideas, techniques or physical requirements, the European unfair Competition Law, benefited from various competition laws of its member countries and advanced market economy of the European Union, surpasses the average level in the globe. Since the original legislative environment in China has changed a lot, the current competition law, formulated in the early period of the adoption of the policy of reform and opening to the outside, has failed to meet requirements of developments in various aspects. Therefore, it is indispensable to revise it. Through analysis of the European unfair Competition Law, the author believes that it is of vital significance to absorb strengths of the European unfair Competition Law in order to better revise the current unfair competition law based on specific conditions in China.
Keywords/Search Tags:Directive, General clause, Unfair commercial practices, Protection of consumer
PDF Full Text Request
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