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Abstract:
E-commerce represents a new area of interest in South - East Europe, that still needs a clear legislation, as phenomena such as unfair competition are common for this type of transactions, on an ever-expanding market. E.U. legislation regarding unfair competition comes as a complex system of legal measurements, that need to be transposed in the internal provisions in a broad and efficient manner.
Key words: e-commerce, E.U. legislation, competition law, sale - purchase industry.
JEL Classification: K20.
Introduction
By definition, e-commerce (electronic commerce or EC) is the buying and selling of goods and services, or the transmitting of funds or data, over an electronic network, primarily the Internet. These business transactions occur either business-to-business, business-to-consumer, consumer-to-consumer or consumer-to-business. The terms e-commerce and e-business are often used interchangeably. The term e-tail is also sometimes used in reference to transactional processes around online retail. 1
E-commerce represents a growing part of the sale - purchase industry world wide, with changing features, as the technological part of it evolves. Aslo, from the human component point of view, the number of consumers/ buyers is growing and so, the competition between producers and distributors becomes an important aspect. Thus, the need for a proper legislation package.
Unfair competition regards the situation in which the competitors compete on unequal terms, because favorable or disadvantageous conditions are applied to some competitors but not to others; or that the actions of some competitors actively harm the position of others with respect to their ability to compete on equal and fair terms. It contrasts with fair, legal competition in which the same rules and conditions are applied to all participants, and the competitive action of some does not harm the ability of others to compete.
Often, unfair competition means that the gains of some participants are conditional onthe losses of others, when the gains are made in ways which are illegitimate or unjust.2
A fair competition law is found in every state within European Union. All the regulations that exist in this matter serve five purposes. First, the law seeks to protect the economic, intellectual, and creative investments made by businesses in distinguishing themselves and their products. Second, the laws seek to preserve the good will that businesses have established with consumers....