Part II Non-Contractual Obligations Arising Out of Tort/Delict, 6 Unfair Competition/Restriction of Competition
- Applicable law — Breach of contract — Calculation of damages — Applicable law to non-contractual obligations — Unfair competition — Scope of the law applicable under the Rome II Regulation — Forum shopping and disputes — Jurisdiction under the Brussels I Regulation
6.01 To an English lawyer, Art 6 is the most outlandish of all the rules of applicable law in the Regulation. Not only have the English courts denied the existence of a general civil wrong of ‘unfair competition’,2 but the rules contained in Arts 6(1) and 6(3) bear not even a passing resemblance to any pre-existing rule of English private international law. From a wider perspective it may also be considered, in terms of its drafting and practicality, the least satisfactory of the Regulation’s rules of applicable law. Its poorly defined features seem likely to...