4.2 Unfair Competition

The idea: the market's wrongs — the competitor's improper interference with another's trade (the tort beyond the contract's world): Passing off: the misrepresentation that one's goods are another's (the name, get-up, reputation's trade) — "nobody has the right to represent his goods as another's" — the goodwill's protection (the IP interface); The misappropriation faces: the competitor's taking of another's product-or-effort (the "free ride" theories — the hot-news-and-database faces); The interference with contract-and-prospective advantage: the third party's inducing another's breach; the unlawful obstruction of the competitor's relations; The conspiracy-and-restraint faces: the combined action against the rival; the unlawful restraint (the competition law's overlap — Nepal's Competition and Market Promotion Act 2063's unfair-competition prohibitions).