Unfair competition in the context of unfair advertising

The article deals with issues of unfair competition. Practical cases of using unfair advertising are analyzed. It has been proven that unfair competition is any action in competition that contradicts trade and other fair customs in economic activity. The ratio of unfair and fair competition is considered. Thus, unfair competition is a violation of the norms of various legislation, rules and customs of conducting business, trade relations, economic activity, entrepreneurship, etc. In turn, fair competition provides the most comfortable and favorable conditions for the business entity’s work. In modern business, not all entrepreneurs work honestly, using different methods. A comparative analysis of unfair competition and unfair advertising as advertising that misleads or may mislead consumers of advertising, cause harm to individuals, the state or society due to inaccuracy, unreliability, ambiguity, exaggeration, silence, violation of requirements regarding time, place and method of distribution was carried out; comparative advertising - advertising containing comparisons with other persons and/or goods (activities) of another person, directly or indirectly identifying a competitor or goods or services offered by a competitor. It has been proven that unfair competition can be in the actions of both entrepreneurs and subjects of non-commercial economic activity, budget institutions, etc. By and large, unfair competition is any action that hinders the activities of other economic entities and/or gives an unfair advantage to competitors, which creates obstacles for the activities of other entities; it can be a conspiracy, and «black» PR, and comparative or dishonest advertising. Dissemination of information that may influence a consumer’s decision to purchase a particular product or order a service, while such information causes a negative consumer reaction to a specific entity that sells such a product or service, may be unfair competition. Such actions are very likely to cause at least reputational damage to one or several subjects of economic activity. At the same time, such damage, cause-and-effect relationship between actions and damage should be proved.