COMBATING UNFAIR TRADE PRACTICES: THE EXPERIENCE OF UZBEKISTAN AND INDIA

Аннотация

This article examines the legal mechanisms used globally to combat unfair competition and divides them into key approaches based on legislation and case law. In addition, the article comparatively examines the issues of liability in combating unfair trade practices in Uzbekistan and India, and proposes to strengthen the existing legal framework, its limitations, and civil, administrative, and criminal liability for unfair trade practices and unfair competition. This analysis, drawing on advanced international experience and the current legal environment in Uzbekistan, emphasizes the importance of robust legal mechanisms in shaping a competitive and fair market. Keywords: unfair competition, civil, administrative and criminal responsibility Unfair trade practices are one of the most important problems of the modern economy, violating the principles of fair competition and threatening the stability of competitive relations. Various legal frameworks have been developed around the world to combat unfair trade practices, which include different approaches adapted to the legal traditions and economic realities of different jurisdictions. These measures are aimed at protecting the rights and interests of market participants, ensuring transparency and promoting fair competition. Taking into account the civil law methods of protection against unfair competition used in the world practice, four approaches can be distinguished: 1. Prohibition of unfair competition is expressed in special legal norms regulating general offence with separately enumerated characteristics and forms of offences and a list of applicable remedies (Germany, Austria, Switzerland) or in legal norms containing individual offence (Japan, Canada). 2. Regulation of means of protection against unfair competition is carried out on the basis of both special legal norms and general norms of civil law on tort liability (Belgium). 88 SOLUTION OF SOCIAL PROBLEMS IN MANAGEMENT AND ECONOMY International scientific-online conference 3. Legislative prohibition of unfair competition is based on general civil prohibition of infliction of harm; regulation of ways of protection from unfair competition is based only on civil law rules on tort liability (Italy, Netherlands, France). 4. Regulation of activity on elimination of unfair competition is carried out by law enforcement bodies on the basis of judicial practice (Great Britain, the USA, Australia). The Republic of Uzbekistan is just entering the process of creating modern legislation regulating unfair competition. The competition legislation of Uzbekistan reflects the norms of public law determining the legal prohibition of monopolistic activity and the norms of private law determining the legal prohibition of unfair competition. Apart from the Law of the Republic of Uzbekistan "On Competition", the issue of creation of other special legal documents was not considered. However, the current legislation applies legal measures to protect the rights and interests of business entities and consumers, to prevent the inclusion of a person in the legislation and business practice for unfair competition - various ways of bringing to responsibility before the law. Liability for unfair competition means bringing to responsibility of persons guilty of non-compliance with requirements of fair (honest) and free competition set forth by regulatory legal acts. When establishing the fact of violation of legislation on unfair competition, the following set of features must be proved: - existence of competitive relations between business entities on the commodity market; - actions aimed at gaining advantages (profit) in entrepreneurial activity; - actions could cause harm or losses to other competitors or damage or harm their business reputation; - actions are contrary to the requirements of competition law. According to the current legislation, a measure of influence on unfair competition is to apply a liability measure to a person who has violated Article 13 of the Competition Law due to unlawful actions related to limitation and termination of free competition in the market. The Law establishes the following criteria for liability for unfair competition in trade relations: 1. making false comparisons capable of harming another business entity or damaging its business reputation; 89 SOLUTION OF SOCIAL PROBLEMS IN MANAGEMENT AND ECONOMY International scientific-online conference 2. blocking another business entity from entering the commodity or financial market. Our national legislation provides for three forms of legal liability for the offence of unfair competition, such as civil, administrative and criminal liability. Civil liability. The act of unfair competition includes the objects of intellectual property, which are exclusive rights, and unfair trade practices, which are the subject of competition law. If we analyze the issues of legal responsibility for unfair competition in respect of these two objects, it is known tha