Bilalutdinov M.D. —
Otto Rilk about the National-Socialist perception of competition and its legal effect
// Law and Politics. – 2017. – ¹ 10.
– P. 85 - 93.
DOI: 10.7256/2454-0706.2017.10.42974
URL: https://en.e-notabene.ru/lamag/article_42974.html
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Abstract: The subject of this research is the political legal views of the German lawyer who supported the Nazi regime Otto Rilk upon the German competition law. The author examines O. Rilk’s attitude towards the objects protected by competition law, unfair competition, sources of legal regulation of the competition law, “Jewish impact” on competition law. The article explores the key aspects of seeing the issues of protecting competitiveness through the prism of ideology of the German National Socialism, as well as analyzes Rilk’s directives on expanding the discretional powers in the area of enforcing legal responsibility for unfair competition, and unification of law enforcement practice. This article is first within the Russian historical legal science to examine the Nazi totalitarian approach towards the problems of legal regulation of competition. Views of Rilk on competition law sought taking the legal protection of the whole, rather than the private to the absolute. Even when he spoke on protection of consumer rights, he implied protection of the entirety of German consumers from European traders, and not protection of private interests. The author reveals the connection between racism and anti-Semitism as system-forming elements of the Nazi ideology with the doctrine of competition law. A conclusion is made on the archaic, incompatible with the market economy views of Rilk on the competition law.