In the face of unfair practices, the entrepreneur can take several measures to protect his rights.
In practice, there are numerous real cases of unfair competition. For example, the case of collaborative transport platforms that were sued by other competitors. Another very common case is that of a former employee of a company who attracts clients from his former job for his own business. Acts of deception, confusion, imitation or denigration are some of the most common forms of unfair competition.
This term refers to unlawful business practices that prevent all companies from competing on equal terms. In this article we explain what practices are considered unfair competition.
Start of marked textTWEET IT! Learn what unfair competition is and isn't and how companies can respond to this practice.End of marked text
What is unfair competition?
It encompasses all those actions that are contrary to good faith in the commercial or business sector. These are aimed at getting a consumer to buy a product or service and reduce the users' freedom of decision.
In general, the term refers to situations where night clubs and bars email list a competitor's actions are designed to confuse consumers as to the origin of the product.
Article 2 of the Unfair Competition Act establishes the two elements that an act must meet:
The conduct provided for in this Law shall be considered acts of unfair competition, provided that they are carried out in the market and for competitive purposes.
What laws regulate competition in Spain?
In Spain there are several rules that regulate unfair competition and they are the following:
Spanish Constitution . Article 38 states the following:
Freedom of enterprise is recognised within the framework of the market economy. Public authorities guarantee and protect its exercise and the defence of productivity, in accordance with the requirements of the general economy and, where appropriate, planning.
Unfair Competition Act. Article 1 of this Act regulates the following:
This law aims to protect competition in the interest of all those who participate in the market, and to this end establishes the prohibition of acts of unfair competition, including illegal advertising under the terms of the General Advertising Law.
