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ROME II: What law will apply to acts of unfair competition?

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EC Regulation no. 867/2007, also referred to as "Rome II", became effective on January 11, 2009. The aim of this Regulation is to establish an objective and harmonized method to determine the applicable law in matter of non-contractual obligations.

Up to now, failing such harmonization, and given the differences between national laws and practices amongst the Member States of the UE, the parties to a litigation could be tempted to refer their dispute to the court that would apply the law that would be most favorable to them (this practice is called "forum shopping").

 

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