Who Unfair Competition Act applies?

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The Unfair Competition Law determines in his article 3 which is the realm of subjective application.

They are subject to regulation Unfair Competition entrepreneurs, professionals and any other natural or legal persons participate in the market. The law 29/2009 introduced into the subjective realm of the Law Unfair Competition novelty to Professional.

It is important to note that it is not required between the perpetrator and the person liable for the acts of Unfair Competition there is a competitive relationship. You can sue for Unfair Competition anyone involved in the market and who is harmed by a third, although there is no relationship between the two powers, consumer associations are, professional bodies or natural or legal persons. This broad legitimacy is inserted in the interest of the legislature to protect not only those directly involved in the market, but also collective interests of consumers.

Can I sue the Civil Unfair Competition?

In the case considered harmful regulation, your claim should follow the procedures specified in Administrative Law.

But in cases where the Administration operates in the market as an operator, competes with other players in the market and do some activity typified in the Act Unfair Competition, can be claimed by the Act.

Nonprofit entities

In most cases, has been considered that they were not the Act applies Unfair Competition because they do not compete in the market. It's what happens with foundations. But other private entities themselves are subject to application of the LCD: The associations, when market participants performing activities affecting the same, the cooperatives consumers when they publish information or influence prices or other informal groups that although no legal status and residence, may have an effect on competition.

Entrepreneurs

Entrepreneurs are the subject par excellence of the Law Unfair Competition, to be the main players in the market activity. It includes both the form of physical and legal person.

Independent Professionals

Considered as such, professional activities that are subject to certain qualifications and are performed autonomously (without dependence on another businessman). Would include in this concept also to professional societies. They are subject to the Act Unfair Competition compete in the market by, This raises many problems regarding the Professional Associations.

Individuals

Whenever you participate in the market, Act applies Unfair Competition, although there is no concurrencial relationship between perpetrator and injured. Also, Article 34 LCD can be expected to act against cooperators in the act of unfair competition.

In summary, if you participate in the market, may be plaintiff or defendant by the Act of Unfair Competition, so in practice, affects us all.

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