Actions of a potential competitor may be considered unfair competition
Under unfair competition are considered the activities of economic entities, which are aimed at obtaining benefits, through the implementation of activities that are contrary to Russian legislation, business traditions, requirements for integrity, reasonableness and fairness, and that have caused or may cause losses to other economic entities – competitors, or have caused or may cause harm to their business reputation. Thus, from a literal interpretation of this definition, the actions of unfair competition can take place only in relations between real competitors. However, there exists in judiciary practices, allowing the prosecution for unfair competition, persons, who at the time of activity, are not the actual competitors of the victim (or potential competitors). (This legal update is available only in Russian)