? Antitrust and Unfair Competition?

unfair competition












The market management a series of laws among which the Unfair Competition Act converge 1991 and the Law on Protection of Competition of 2007.

Although both aspire to the market management, do so from different perspectives. The LCD in his article 1 says his goal is protect competition in the interest of all participants in the market. It aims to avoid a competition too aggressive and unfair. Moreover the LDC meant there really a "healthy" competition for the proper functioning of the market, preventing the lack of competition harm to customers.

As to legally, the Law on Protection of Competition instruments used administrative law such as disciplinary proceedings, managed by a public institution such as the National Competition Commission, fines, prohibitions and permissions.

Moreover, the LCD inserted into the private law, being the "actors" in the private market (businesses and consumers) which by civil (declarative, conviction to do or not do, and allowances) they ensure their own interests. But the focus is not only to defend the competitors, but "in the interest of all participants in the market" (art.1 LCD) and especially consumers. And in this sense, Article 33 LCD is actively legitimizes any natural or legal person involved in the market whose economic interests are directly affected or threatened by unfair conduct: Arguably the LCD by consumers, or consumer associations or even public law institutions.

In some cases, in addition to the LCD and the LDC, shall apply other laws such as General Advertising Act of 1988. It is possible that "illegal advertising can be both unlawful powers, which can be born even different cumulative actions (….) In sum, actions by illegal advertising can not displace the unfair competition, and the applicant may choose to bring those or these, accumulate with respect to legal requirements, or alternatively you exercise them ", as indicated by the Supreme Court in its judgment of 4 July 2005.

Finally with regard to the relationship between the LCD and the LDC, and as a result of its legal scope, in the LDC, them administrative enjoy su presumption "iuris tantum" of truth, while the LCD, its interpretation is restrictive, so that he must prove solidly, incurred in unfair conduct that typifies the law.

Consult your case by clicking here.

Leave a Reply


Set as default language
 Edit Translation

Subscribe to receive a book PDF

Just for signing up receive via email the link to download the book "How to change lawyers" en format digital.
Sign up here

Sígueme en Twitter

Subscribe me

* This field is required