Protección jurídica contra la competencia desleal en el marco del comercio internacional. Estudio de derecho internacional privado europeo

Abstract

This PhD research and dissertation which is entitled as Cross border Enforcement of the Unfair Competition Law in the International Trade Law. European Private International Law Analysis is devoted to the treatment of the Unfair competition law from two legal dimensions; from the public law and from the private law enforcement, considering the legislative evolution of this legal discipline as "Institutional Private Law" in its Social Model. Each legal dimension of the Unfair competition law is analysed at the same time in several levels: International Trade Law (including self regulation mechanisms), European Union Law and Private International Law and the interplay among these legal bodies in a current basis. The main goal of the assessment is to provide different approaches of the different kinds of enforcement for the Unfair competition law in the International Marketplace regardless if the unfair competition act was committed by a public or a private operator and analysing its hybrid treatment between Private Law and Institutional Private Law. At the Private International Law (namely, European PIL), the analysis is focused only on two of its three areas: i.e., Jurisdiction and Applicable Law problems, begging and supporting for the introduction of the specific connecting criterion in Jurisdiction the Marketplace Rule (le marché affecté-el mercado afectado-Markerttortprinzip) which is not yet established. This criterion is the suitable criterion in cross border Unfair competition matters as Institutional Private Law, inasmuch this criterion is giving solutions to its many problems, leading in fair solutions and legal certainty in cross border litigation. In choice of law matters, the analysis is focused on the bilateral conflict of law rule drafted by the European lawmaker, which contains the Marketplace Rule unlike the situation in Jurisdiction rules and its coherence with the current goal of the Unfair competition law as Institutional Private Law.