Legal Literature

  • Legal Literature Details
    • Member State: Ireland
    • Title: The role of traders in the enforcement of the Unfair Commercial Practices Directive: a new unfair competition law for Ireland?
    • Subtitle:
    • Type:
    • URL:
    • Author: N. REILLY
    • Reference: (2009) 16(1) DULJ 100
    • Publication Year: 2009
    • Keywords: aggressive commercial practices, B2B, confusion, enforcement, more restrictive measures
  • Directive Articles
    Unfair Commercial Practices Directive, Whereas, (13) Unfair Commercial Practices Directive, Chapter 1, Article 2, (a) Unfair Commercial Practices Directive, Chapter 1, Article 2, (h) Unfair Commercial Practices Directive, Chapter 1, Article 3, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9 Unfair Commercial Practices Directive, Chapter 4, Article 11
  • Headnote
    This article notes that previously no direct action was possible for a trader looking to bring an action against another trader for a breach of consumer law by that trader. Section 71(2) of the Irish Consumer Protection Act now gives traders a right to apply to court for an order prohibiting a trader or person from engaging in unfair, misleading or aggressive commercial practices or committing other specific breaches of the Irish Consumer Protection Act. The author notes that this is a new remedy for traders seeking to prevent unfair competition by other traders. 
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