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ARTICLE · 07 FEBRUARY 2024

Unfair Competition In Monaco: The Courts Are Watching!

CMS Pasquier Ciulla Marquet Pastor & Svara
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Freedom of trade and competition is an inalienable principle in Monaco. However, the courts do not hesitate to punish abusive behavior that distorts competition.

MonacoAntitrust/Competition Law

Freedom of trade and competition is an inalienable principle in Monaco. However, the courts do not hesitate to punish abusive behavior that distorts competition.

Under Monegasque law, an act of unfair competition is defined as any behavior that departs from the normal conduct of a prudent professional and which, by distorting the balance in competitive relations, breaks the equality of opportunity between competitors in a free economy system.

What are the main unfair practices?

Unfair practices can take a variety of forms, although Monegasque law does not list the acts that are likely to be irregular.

Examples include free riding, disparagement, misleading advertising, customer and staff poaching.

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