EXAMINING THE ENFORCEMENT MECHANISMS OF UNFAIR COMMERCIAL COMPETITION IN THE LEGAL SYSTEM OF AFGHANISTAN

Fair competition in the marketplace benefits consumers, sellers, and society; however, in some cases, certain traders may resort to unfair methods or violate competition laws and harm each other's commercial interests. In such cases, the issues of civil and criminal liability arise from unfair competition. Unfair competition can be defined as any competition that is conducted contrary to the norms of honorable conduct and trade. It is an aggressive behavior that arises from the misuse of a specific freedom related to commercial activities that is not inherently prohibited and is permissible when used normally. The legislator has defined acceptable methods and fair competition to maintain market order and gain profit, and traders must use these legal methods in their transactions to avoid causing disorder in the market and harm to others. This article examines the enforcement mechanisms arising from unfair commercial competition in the legal system of Afghanistan. The findings indicate that the enforcement mechanisms arising from unfair competition in the legal system of Afghanistan include: compensation for damages, restoration of the previous state, monetary fines and in some cases imprisonment.