Unfair competition in MERCOSUR and the challenges of new technologies

Abstract

Abstract This article reviews the unfair competition main practices in the MERCOSUR countries and the challenges posed by new technologies. This analysis is based on the most common considerations of unfair behaviour such as intentional confusion, discrediting, misleading and other unfair competition acts. How the MERCOSUR countries are currently dealing with traditional unfair competition acts and how case law is developing toward a refined comprehension of the unfair competition acts are important to understand which initiatives should be addressed to regulate such acts in the new technological environment. Based on recent case law involving online platforms and the recent change in Brazilian case law regarding the responsibility of online platforms and the goods/services advertised by other parties in violation of IP Rights, we can conclude that transparency and ethical behaviour are essential topics to be addressed by the Courts and further research is necessary when facing unfair conducts today.