Unfair competition in the business context: a jurisprudential study in the Courts of Justice of the Northeast Region

Abstract

It is undeniable that unfair competition practices in the business context put the economic development and expansion of companies at risk, especially those that operate in similar sectors and violate the principle of free competition. In this sense, the objectives of this research are to analyze the jurisdictional framework of the Courts of Justice in the Northeast Region regarding unfair competition practices in the business context; identify the most common unfair competition practices mentioned in the judgments and; classify companies affected by unfair competition according to their size. Furthermore, to achieve the objectives proposed by the research, a qualitative-quantitative approach was developed, combining the research technique called survey and bibliographical research. The results indicate that, in the Courts of Justice of Alagoas, Ceará and Rio Grande do Norte, the judiciary recorded the occurrence of unfair practices in 43.5% of diagnosed cases and 56.5% of cases not identified as such practices. Micro-enterprises were the most affected by these practices in 2023 and with the lowest rate of small-sized companies. The acts mostly involve the exploitation of elements of the brand, name, title of establishment, information after the end of the contract and use of a similar product. The recognition of unfair competition practices by the courts materializes the essentiality of judicial intervention to maintain the integrity of free competition and protect ethical companies.