Unfair Competition

The Unfair Competition Law is a statutory mean to fight against some types of behaviour in the market contrary to good faith in business. It is not only a legal mean aimed at offering a complementary protection to Intellectual Property, which prohibits actions such as fraud, passing off and unfair advantage of a third party reputation, but it is also a legal set of rules to face certain unfair behaviour.

For instance, the Unfair Competition Law provides with appropriate means to fight against violation of trade secrets (committed either through industrial espionage or through breach of confidential agreements) or against belittling information. Likewise, induction to breach of contracts with workers, providers or clients is a forbidden practice. Certain conducts in the market aimed at unbalancing it, such as the loss-making sales, abuse of economic dependency or unjustified discrimination, are also prohibited under the Unfair Competition Law.

In parallel with the Unfair Competition Law, the existing rules on advertising, in particular, the General Advertising Law, is a useful mean to fight against unfair behaviour committed in advertising communications and other unlawful advertising activities (such as advertising of prohibited goods in certain media -tobacco, spirits-). BERENGUER & POMARES Abogados has an extensive experience in the defence of our clients’ interests against these unfair activities, both before the Commercial Courts and the arbitration panels.