THE PROTECTION OF THE GOODWILL AGAINST THE UNFAIR COMPETITION

Abstract

The freedom of economic initiative involves the natural presence on the market of a plurality of entrepreneurs who offer goods or services identical or similar and, therefore, are in a competition to attract the potential consumers and to achieve economic success. To achieve these objectives, each entrepreneur enjoys a wide range of conception and action autonomy, being aloud to use the techniques and strategies he considers profitable, not only to polarize one's own customers, but to diminish the one of the direct competitors.
Without ignoring the onerous, competitive and speculative nature, from reasons of preserving a salutary social-economic spirit and the public order, the business must be realized in an honest manner, in an equality of opportunity environment, excluding dishonest conduct and procedures. To counter the threats that aim the customers or the goodwill and to get fully repair injury, the injured trader may use the unfair competition actions.