Unfair Competition Liability for Group Companies with Undetermined Internal Responsibility

In a case concerning unfair competition, the court addressed the passive standing of several group companies where it was unclear which entity was responsible for specific advertising slogans. The court reasoned that under the Unfair Competition Act, anyone engaging in unfair conduct is generally subject to liability; however, in complex corporate structures, especially concerning advertising, it is often impossible for third parties to ascertain internal responsibility. Given that the slogans appeared on materials associated with different group members, and the companies failed to clarify their internal division of labor or dispute their liability when initially challenged, the court affirmed the passive standing of all three companies to ensure effective provisional legal protection against the potentially misleading advertising.