Responsa for Bava Batra 42:12

וניחוש דילמא אתי לאיתרשולי אמר ליה)

Said Rabina to Raba: May we say that R. Huna adopts the same principle10 as R. Judah? For we have learnt: R. Judah says that a shopkeeper should not give presents of parched corn and nuts to children, because he thus entices then, to come back to him. The Sages, however, allow this! — You may even say that he is in agreement with the Rabbis11 also. For the ground on which the Rabbis allowed the shopkeeper to do this was because he can say to his rival, Just as I make presents of nuts so you can make presents of almonds;12 but in this case they would agree that the first man can say to the other. 'You are interfering with my livelihood.'13 An objection was raised [against Rab Huna's ruling from the following:] 'A man may open a shop next to another man's shop or a bath next to another man's bath, and the latter cannot object. because he can say to him, I do what I like in my property and you do what you like in yours?' — On this point there is a difference of opinion among Tannaim, as appears from the following Baraitha: 'The residents of an alley can prevent one another from bringing in14 a tailor or a tanner or a teacher or any other craftsman,15 but one cannot prevent another16 [from setting up in opposition].' Rabban Simeon b. Gamaliel, however, says that one may prevent another.17 R. Huna the son of R. Joshua said: It is quite clear to me that the resident of one town can prevent the resident of another town [from setting up in opposition in his town] not, however, if he pays taxes to that town — and that the resident of an alley cannot prevent another resident of the same alley [from setting up in opposition in his alley].18 R. Huna the son of R. Joshua then raised the question: Can the resident of one alley prevent the resident of another [from competing with him]?19 — This must stand over. R. Joseph said: R. Huna agrees that a teacher cannot prevent [another teacher from setting up in the same alley], for the reason mentioned,

Teshuvot Maharam

Q. A was pursuing his craft in town T when B began to pursue the same craft. A demanded that a ban be issued [in accordance with the talmudic law of competition] against any one besides himself who will engage in that craft. B, however, restrained him from such action until a decision, as to the legality of such a ban, be issued by a Rabbi. Subsequently A bribed the ruler of the town who issued a decree forbidding anyone, but A, to pursue that particular trade. A again demanded the issuance of a ban, claiming that the Jews are bound to abide by the law of the secular government. B, however, objected to the issuance of such a ban until a decision was rendered by a Rabbi.
A. If B is a resident of A's town,^*The author uses the term Bar-meboo, a resident of A’s alley, but he is only using the talmudic expression. The decision, however, is that in his own house B may pursue any craft he wants; while A may restrain B from settling next to A and pursuing A’s craft. A can not restrain him from pursuing his craft. The secular government, according to Jewish law, has no jursidiction over trade competition; therefore, the Jews are not bound to abide by their decree in such matters.
SOURCES: Pr. 677.

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Teshuvot Maharam

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Teshuvot Maharam

Our masters, the community of Nuremberg, take notice that my relative, R. Abraham, came to me as a representative of his community. The latter complains against members of your community who came to their town (the town of R. Abraham) and are doing business there. You have the power to stop this evil practice, but you do nothing about it. You know that such practice is prohibited by the Torah as evidenced by the talmudic decision (B. B. 21b) that an inhabitant of one city may restrain inhabitants of other cities from competing with him within his city limits, and other similar decisions (ibid. 22a, 21b). Furthermore, were we unable to prove that the Talmud forbids the practice mentioned above, we should have adduced such prohibition by simple logic, as we positively cannot imagine that it be permitted; for otherwise life would be unbearable. The rich would do business outside their own community, in all the settlements, and would thus increase the volume of business there without helping the Jews of those settlements to carry the burden of increased taxation directly resulting from such increase in business. You, the community of Nuremberg, must correct this injustice and must save the distressed from their oppressors. No one but you can comfort them, for no one else can mete out justice within your sphere of influence. Therefore, you should use all the power of coercion you command to prevent your members from going into other towns and competing with the Jewish inhabitants there; by so doing you would serve as a good example to other communities.
SOURCES: Pr. 983; Mordecai Hagadol, p. 306a.

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