https://doi.org/10.31261/PPPM.2024.35.03
As a result of globalisation, acts of unfair competition, such as industrial espionage, are increasingly cross-border in nature. Courts are therefore confronted with the issue of determining the law applicable to claims arising from such acts. However, this problem could often be solved by allowing the parties to choose the applicable law. Under the Rome II Regulation applicable in the European Union the possibility for the parties to choose the applicable law for acts of unfair competition arouses much controversy. Some doctrine representatives exclude such a possibility, justifying it by a literal interpretation of Article 6(4) of the Rome II Regulation. Others point out that a teleological interpretation of the Regulation should allow the parties to make a choice of law if a given act would only infringe the interests of a designated competitor. In Swiss private international law the choice of law applicable to acts of unfair competition is also a source of numerous doubts. The objective of this paper is to answer the question of whether the choice of applicable law for claims arising from acts of unfair competition under the Swiss and EU conflict of laws system is permissible, and if so, to what extent. Therefore, the author intends to analyse and confront the arguments put forward in the jurisprudence of both legal orders.
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Vol. 35 (2024)
Published: 2024-12-31
10.31261/PPGOS
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
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