OF THE ILLICIT COMPETITIVE PRACTICES: DIFFERENCES BETWEEN UNFAIR COMPETITION AND THE VIOLATION OF ECONOMIC ORDER

• Autor(a) principal: Sousa, Simone Letícia Severo e
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito Brasileira (Online)
• Texto Completo: https://www.indexlaw.org/index.php/rdb/article/view/2947
• topic: Economic Activity. Unfair Competition. Violation of Economic Order.; Atividade Econômica - Concorrência Desleal - Infração à Ordem Econômica.

The differences between the violation of the economic order and unfair competition must be clarified on the basis of principles and peculiar regimes. The law rejects two forms of competition: unfair competition and the use of abuse of power. It will be realized that there are doubts about such concepts and it's the doctrine responsibility to clarify these issues, since the works of Economic Law and Business Law address the issue indirectly, without the deserved depth. It must be emphasized that unfair competition is suppressed in civil and criminal crops involving only the private interests of competing entrepreneurs; while competition involving abuse of power is also repressed in administrative harvest, compromises the free market structures and is called a violation of economic order. Unfair competition differs substantially from the violation of the economic order, particularly bearing in mind that the lesions produced by unfair competition does not reach other interests than those of businessman victim of malpractice.