Legal Literature

Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2., (b)

The use of forced labor to systematically breach individuals' fundamental rights characterizes a growing number of business activities both relocated abroad and operating in Italy. Law enforcement tools against the phenomenon are traditionally ascribed to public law, but its complexity imposes a broad investigation which includes relationships between privates. A first aspect covers the field of competition and regards the consequences arising from the unlawful competitive advantage achieved by a company which implements unfair practices against virtuous competitors. A second aspect concerns the relations between businesses and consumers and relates to the possibility for consumers to claim for a correct information on the modalities used for the production of the goods they acquire. Any false or inadequate information about the use of forced labor may be considered as an unfair commercial practice and particularly as a misleading action, corroborating the current trend consisting in consumers' direct involvement in market dynamics.