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Unfair Competition: Difference between revisions

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==Stealing Clients or Employees==
==Stealing Clients or Employees==
 
===Ethical Imperative Completing the Deal===
#If someone paid for a movable item and didn't yet take it neither the buyer nor seller should renege on the sale. If they do chazal enacted a particular curse called "mi she'parah" for engaging in such activities.<ref>Shulchan Aruch 204:1</ref>
#If someone paid for a movable item and didn't yet take it neither the buyer nor seller should renege on the sale. If they do chazal enacted a particular curse called "mi she'parah" for engaging in such activities.<ref>Shulchan Aruch 204:1</ref>
#Someone who verbally agreed to a sale but didn't yet pay, it is proper to keep your word.<ref>Shulchan Aruch CM 204:7</ref>
#Someone who verbally agreed to a sale but didn't yet pay, it is proper to keep your word.<ref>Shulchan Aruch CM 204:7</ref>
===Stealing Someone Else's Deal===
# If someone is making an effort to acquire something there is a principle that a second person shouldn’t come to supersede him to beat him to that acquisition. This principle is called ''Ani Hamehapech Bcharara''.<ref>Kiddushin 59a</ref> Our rabbis explained that anyone who takes the item from the first person is called a wicked person and there is a dispute if the bet din can extract the money from the second person.<ref>Pitchei Choshen Geneva 9:12 cites the Hagahot Maimoniyot as holding that bet din can’t extract the money whereas the Nemukei Yosef holds that the bet din can. It seems that the Maharsham holds that the bet din can’t extract the money.</ref>
# The principle of ''Ani Hamehapech Bcharara'' applies equally to sales and rentals as well as applies to land, movable items, and workers equally.<ref>Pitchei Choshen Geneva 9:14</ref>
===The Leniency of a Unique Deal===
# If the second person can find a similar deal to buy or rent somewhere else he should not take it away from the first person.<ref>Bet Yosef 237, Pitchei Choshen Geneva 9:15</ref>
# If the second person is interested to buy a bigger quantity or a piece of real estate that is bigger land than that of the first person he could do so since he isn’t taking the first person’s deal.<ref>PitcheI Choshen Geneva ch. 9 fnt. 29 citing Chikrei Lev CM 103</ref>
# If he can't find the same deal somewhere else some hold that he could try to supersede the first person to buy the item first,<ref>Rama CM 237:1</ref> while some forbid this.<ref>Shach 237:3 argues on the Rama based on the Ramban. Avnei Nezer CM 17 sides with the Rama, while the Aruch Hashulchan 237:1 accepts the Shach.</ref>
# If a person finds a good piece of real estate and someone else was already engaged to buy it there is a dispute whether it is right to try to acquire it first.<ref>Pitchei Choshen Geniva 9 fnt. 36 writes that it is unclear if a person in real estate finds a house on sale and it seems that it is a good deal and it is a big effort to find something similar whether he can supersede someone who already is going for it. He writes that it seems to be a dispute between the Maharshal and Sharit Yosef but he doesn't offer a resolution.</ref>
===At What Point Is It Forbidden to Interfere?==
# Before the parties agreed upon a price it is permitted for someone else to interfere to acquire the deal.<ref>Mordechai Bava Batra 551 writes that there isn't an issue with the second interfering with the first until the first buyer and seller agreed upon a price. Rama 237:1 codifies this.</ref> Some say that the second person doesn't interfere even before the first buyer and seller agreed upon a price. <Ref>Prisha 237:1 writes that even if the first buyer and seller didn't agree on a price but would have agreed had they been left to work it out themselves the second person shouldn't interfere. Aruch Hashulchan 237:1 and Pitchei Choshen Geneva 9:16 cite the Prisha.</ref>
# If the buyer left because they couldn't agree on a price the second buyer can interfere.<ref>Perisha 237:1</ref>
# It is a pious practice for a second person never to interfere with an original buyer even if it technically isn't ''Ani Hamehapech Bcharara''.<ref>Pitchei Choshen Geneva 9:16/ref>


===Stealing Someone Else's Free Item===
#If someone has made an effort to acquire a free item, some say  it is wrong for someone else to beat him to it and "steal it."<ref>Rashi Kiddushin 59a s.v. ani, Ramban Bava Batra 54b. See also Rashbam Bava Batra 54b</ref> Others permit this if there's only one of the kind of that free item.<ref>Tosfot Kiddushin 59a s.v. ani</ref>
#If someone has made an effort to acquire a free item, some say  it is wrong for someone else to beat him to it and "steal it."<ref>Rashi Kiddushin 59a s.v. ani, Ramban Bava Batra 54b. See also Rashbam Bava Batra 54b</ref> Others permit this if there's only one of the kind of that free item.<ref>Tosfot Kiddushin 59a s.v. ani</ref>
#Everyone agrees if the first person put in effort<ref>Masat Binyamin 27 writes that the amount of effort necessary for it to be considered forbidden for the second to take the free item is only if the first person anticipated that he would certainly get it. See Chatom Sofer 79.</ref> to acquire the free item and he anticipated getting it the second one may not take it from him.<ref>Mordechai Kiddushin 524, Ritva Kiddushin 59a</ref>
#Everyone agrees if the first person put in effort<ref>Masat Binyamin 27 writes that the amount of effort necessary for it to be considered forbidden for the second to take the free item is only if the first person anticipated that he would certainly get it. See Chatom Sofer 79.</ref> to acquire the free item and he anticipated getting it the second one may not take it from him.<ref>Mordechai Kiddushin 524, Ritva Kiddushin 59a</ref>
#Sephardim hold that the second person shouldn’t even take a free item, while Ashkenazim hold that the second person could take a free item and the principle of ''Ani Hamehapech Bcharara'' only applies to sales or rentals.<ref>Shulchan Aruch CM 237:1 quotes Rashi and Rabbenu Tam and Rabbenu Tam as second. Rama sides with Rabbenu Tam.</ref>
# According to Sephardim it is only relevant once the first person already put in effort to acquire the free item and not just if he saw it.<ref>Pitchei Choshen Geneva ch. 9 fnt. 30</ref>
# Even according to Ashkenazim, there is a principle of the second person not stealing the free opportunity from the first person if he already put in an effort and was confident that he would acquire it.<ref>Pitchei Choshen Geneva 9:13 based on Rosh</ref>
===Poaching Employers===
# It is halachically permitted to hire a worker who currently works for another similar job if they have a special talent that you doesn't think he will find in another worker.<ref>Tosfot Kiddushin 59a concludes that based on Rabbenu Tam it is permitted for someone person to hire a teacher who is already hired by someone else because he can claim that this teacher is unique and can do the best job. Shulchan Aruch CM 237:2 codifies this as the halacha.</ref> Regarding the legality of poaching employers from competitors see [https://www.pashalaw.com/legally-poaching-employees-company-and-preventing-it/ here] and the article on [[Dina Dmalchuta Dina]].
# It is forbidden to get someone hired by a employee if by getting the job someone who currently works there will get fired unless the employer either way was going to fire that worker. Doing so is an issue of "stealing" the first worker's job.<ref>Tosfot Kiddushin 59a, Shulchan Aruch CM 237:2</ref>


==Links==
==Links==