Unfair competition : a comparative study between Maltese, English and Italian law

Abstract

Before embarking upon the exposition of the law of unfair competition in Malta, Italy and the United Kingdom, it would not be superfluous to hint at the meaning, of competition in commerce which, in contrast with unfair competition, may be termed 'fair' or 'legal'. Competition has been defined as "that reciprocal relationship existing between persons who, by the use of certain means, aim at an objective which they cannot all obtain". Seen in this light competition is very useful for commerce in general, for the economy of each and every country, for every trader and last but not least, for the consumers. Competition benefits commerce in general because it enables each business concern to make full use of its powers and to widen its sphere of action. Competition helps the economy of the country because it creates the required atmosphere for a healthy expansion, and places the factors of production to their best possible use. In the interests of the trader competition serves as a prong which drives him forward to better efforts in the transaction of his business, since the trader knows that other traders are out to capture a good share of the business in which he is engaged he will spare no effort not only in trying not to fall behind by losing what he has already achieved, but also in devising new ways and means of making further progress in his business dealings. In the interests of the consumer competition is beneficial because by means of it the consumer is assured that in the same line of business he will have many products or goods to choose from, knowing that the manufacturers of such goods are vying with one another to make each one's product the most appealing.