Antitrust [Read Only]

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Antitrust [Read Only]

  1. 1. ANTITRUST “UNFAIR COMPETITION” IN THE MIDDLE EAST Prepared by : Nour SaleemPrepared by : Nour Saleem www.naslaw.com Dubai: UAE
  2. 2. Table of Content Unfair Competition Definition Unfair Competition and ..... Unfair Competition & International Conventions Monopoly & Foodstuff Business in UAEMonopoly & Foodstuff Business in UAE UAE as Bench mark of MENA Rules & Regulations Rules & Regulations Competent Authorities Why is it so important for companies to respect competition law?
  3. 3. Unfair Competition Definition Unfair competition in a general sense means that the competitors compete on unequal terms, because favourable or disadvantageous conditions arefavourable or disadvantageous conditions are applied to some competitors but not to others; or that the actions of some competitors actively harm the position of others with respect to their ability to compete on equal and fair terms.
  4. 4. Unfair competition and .... Data Protection Trade Secret Know How Intellectual Property (Trademarks, Patent & Copyright)
  5. 5. Unfair Competition & International Conventions Paris Convention for the Protection of Industrial Property 1967 TRIPS [ trade-related aspects of intellectual property rights ] 1994
  6. 6. Unfair Competition & International Conventions UAE is a member in Paris Convention for the Protection of Industrial Property Scope of Agreement The protection of industrial property has as itsThe protection of industrial property has as its object patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of unfair competition.
  7. 7. Unfair Competition & International Conventions Article 10bis - Unfair Competition (1) The countries of the Union are bound to assure to nationals of such countries effective protection against unfair competition. (2) Any act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition. (3) The following in particular shall be prohibited:(3) The following in particular shall be prohibited: (i) all acts of such a nature as to create confusion by any means whatever with the establishment, the goods, or the industrial or commercial activities, of a competitor; (ii) false allegations in the course of trade of such a nature as to discredit the establishment, the goods, or the industrial or commercial activities, of a competitor; (iii) indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods.
  8. 8. Unfair Competition & International Conventions Article 10ter Marks, Trade Names, False Indications, Unfair Competition: Remedies, Right to Sue (1) The countries of the Union undertake to assure to nationals of the other countries of the Union appropriate legal remedies effectively to repress all the acts referred to in Articles 9, 10, and 10bis.to repress all the acts referred to in Articles 9, 10, and 10bis. (2) They undertake, further, to provide measures to permit federations and associations representing interested industrialists, producers, or merchants, provided that the existence of such federations and take action in the courts or before the administrative authorities, with a view associations is not contrary to the laws of their countries, to the repression of the acts referred to in Articles 9, 10, and 10bis, in so far as the law of the country in which protection is claimed allows such action by federations and associations of that country.
  9. 9. Unfair Competition & International Conventions TRIPS [ trade-related aspects of intellectual property rights ] 1994 1. In the course of ensuring effective protection1. In the course of ensuring effective protection against unfair competition as provided in Article 10bis of the Paris Convention (1967), Members shall protect undisclosed information in accordance with paragraph 2 and data submitted to governments or governmental agencies in accordance with paragraph 3.
  10. 10. Unfair Competition & International Conventions 2. Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices (10) so long as such information: (a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; to persons within the circles that normally deal with the kind of information in question; (b) has commercial value because it is secret; and (c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret. 3. Members, when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use. In addition, Members shall protect such data against disclosure, except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use. KNOW HOW Trade Secret
  11. 11. Monopoly & Foodstuff Business in UAE In October 2005 The UAE Cabinet decided to eliminate the monopoly for the foodstuffs products The Decision was in line with World Trade Organization (WTO) stipulations
  12. 12. Legal Systems on Unfair Competition in UAE Rules & Regulations Criminal Civil & Commercial Law in UAE Remedies Suits (Courts) Consumer Protection Department Economic Department Trade Mark Enforcement Actions
  13. 13. Rules & Regulations Federal Law No. 24/2006 of the Consumer Protection Law Commercial Transactions Law No. (18) for the yearCommercial Transactions Law No. (18) for the year 1993, which stated the following: - “Article (64): (not permissible for the Merchant to lure workers and users of another rival merchant to grab the clients of this merchant or get out of the service of this merchant
  14. 14. Rules & Regulations Article 65 of Commercial Law “Not permissible for the Merchant to broadcast things contrary to the truth concerning the origin of goods or their descriptions or other matters concerning the nature, importance, and he may not announce in contrast to the fact that he holds amay not announce in contrast to the fact that he holds a rank or a certificate or award does not resort to any other ways of involving non-health with a view to grab customers rivalled another dealer and was only liable for compensation” (mislead the public ,false allegations create confusion)
  15. 15. Rules & Regulations Article 66 of Commercial Law “Not permissible for the Merchant resort to methods of fraud and fraud in the conduct of his goods, or to broadcast or to publish false statements that damage the interests of another dealer and competing with him,of another dealer and competing with him, Otherwise he will be responsible for compensation”
  16. 16. Rules & Regulations Article 423 (UAE Punishment law) Without prejudice to any greater penalty is punishable by imprisonment and fine or either penalty of cheating a contractor with the fact of goods or the nature or essential features or elements of the composition or the type offeatures or elements of the composition or the type of goods or source in the circumstances in which that a major cause in the contract or in the number of goods or the amount or measured or agent or weight or capacity, or in self-goods if the peace which is what has been contracted. And punished with the same punishment of imported or bought or promoted these goods for trade where he knows what they are
  17. 17. Remedies • Suits (Courts) : through competent courts in the country • Consumer Protection Department : at UAE Ministry if Economy and it is the Authority which implement the Consumer Protection Law • Economic Department : Anti Commercial Fraud and Trademark Infringement • Trademark Office : function of the Trade-marks Office is to prevent anyone else from registering a mark that is the same as or confusingly similar to existing mark. It does not, however, keep an eye out for cases of infringement
  18. 18. Why is it so important for companies to respect competition law? • Violations of Competition law are subject to severe consequences • Reputation damage for its Brands • lawsuits for damages running into the tens or even hundreds of millions.hundreds of millions. • Lengthy investigations by competition authorities and loss of management time. • Possibly criminal prosecution of individuals. • Financial fines
  19. 19. THANK YOUTHANK YOU

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