Part II Non-Contractual Obligations Arising Out of Tort/Delict, 6 Unfair Competition/Restriction of Competition
From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations: Updating Supplement
- Applicable law — Breach of contract — Calculation of damages — Unfair competition — Scope of the law applicable under the Rome II Regulation — Collective redress
6.11 (n 39) Add Recital (21) was referred to approvingly by the German Bundesgerichtshof in its first decision on the Rome II Regulation (Decision XaZR 19/08 (9 July 2009), para 19) (6.41 below). Line 5—Insert footnote 39A after ‘appear to suggest’ Also M Hellner, ‘Unfair Competition and Acts Restricting Free Competition’ (2007) 9 YPIL 49, 51–5. 6.15 Insert footnote 47A after heading ‘Scope and Relationship with Other Rules’ For discussion of the approach to characterization under Art 6, see J Fitchen, ‘Choice of Law in International Claims Based on Restrictions...