APPLICABLE LAW FOR TORT OF UNFAIR COMPETITION ACCORDING TO THE ROME 2 REGULATION

Abstract

In this paper, author is focusing on the determination of the law applicable to non-contractual obligation for damage resulting from the acts of unfair competition, under EU law. The paper is actually devoted to the analysis of conflict of law rules for tort of unfair competition as provided in Art. 6.1. and Art. 6.2. of the Regulation on the law applicable to non-contractual obligations (Rome 2 Regulation). First, the author tried to define the tort of unfair competition and than to precise connecting factor in this choice of law rule which is reflecting in the place where competitor relations or the collective interests of consumers are, or likely to be, affected. Also, it analized a situation in which the act of unfair competition affects the interests of an individual competitor in the market (Art. 6.2.), when it is necessary to apply general collision rule for determining the law applicable to non-contractual obligations regulated in Art. 4. in the Rome 2 Regulation.