المنافسة غير المشروعة في مجال الاشهار التجاري.

Abstract

The principle of freedom of commerce allows traders all loyal practices tending to attract customers. Nevertheless, this trend must not give rise to the belief that all aspects and means of competition are allowed, because this must not be unfair and in no way authorizes economic operators to use processes contrary to fair practices of commerce, with the aim of harming a potential competitor in order to divert his clientele, which proves to be an essential and not insignificant element for the professional since it reflects the productive spirit of his turnover. Therefore, in a market economy system where freedom of competition reigns, advertisement represents a major tool of seduction and ultimate customer capture, it could be, then, labeled as a strategy of seduction. Therefore, only lawful advertisement, value-impregnated prohibiting any deception, denigration, imitation, or parasitism, will allow the establishment of a healthy, conscientious emulation, profitable to all economic operators in the market.