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On the prohibition of the “truthful defamation” of the other competitor

Publication at Faculty of Mathematics and Physics, Faculty of Law |
2010

Abstract

The article critically analyses article 50 Commercial Code prohibiting the publishing of the negative information about other competitors (even true one). The article compares this strict regulation with more liberal Unfair Competition Act 1927 and takes into account the EC law consequences (average consumer concept).

The conclusion is that the recent regulation unreasonably restricts the competition.