Failure Is the unfair competition laws?

unfair competition












Get a competitive advantage by breaking the law is considered an act of unfair competition and can lead to a double penalty.

On the one hand, corresponding to the violation of a rule and another the derivative of the Unfair Competition Law.

The regulation of such acts of unfair competition is set to the article 15 LCD. Consider unfair invoke a significant competitive advantage, obtained by violation of laws, or simply breach of rules aimed at regulating a COMPETING activity. And makes a special reference to the hiring of unauthorized aliens to work in Spain.

In these situations, breaks the principle "non bis in idem" and a single behavior may be punished twice: one for the violation of the rule and another to be an act of unfair competition.

For there to be breaking the law, is considered to be treated mandatory rules, General and coercive. However, fall outside the concept of violation of the law, contractual breaches. Neither has been considered as a breach of the law, violation of regulations established by the Professional Associations.

Addition violation of the law, it must generate in the infringing one competitive advantage compared to its competitors. The competitive advantage be significant and the offender must for their benefit that advantage market. (SAP Tarragona 25 April 2008).

Regarding test, will the plaintiff which shall demonstrate that breach of rules produces competitive advantage and it is significant. The violation of the standard not automatically lead to incurring the provisions of article 15 LCD.

The second assumption set out in Article 15 of the LCD is the breach of rules aimed at regulating the activity COMPETING. Namely, in some sectors, It is the legislature that establishes certain "rules" to compete: themselves if violet is normas, it incurs a act of unfair competition, without it being necessary or obtaining a competitive advantage, not to be significant. For example, would apply the 15.2 LCD in the case of a third party who infringed an administrative concession, or even if the same dealer fails to comply with the terms of the concession. Considered rules governing the order COMPETING, which set the input or output operators in a market and the behavior within the same (trading conditions are, competition between actors or advertising).

It may be the case that a violation of the Unfair Competition Act was in turn a new act of unfair competition.

Last, Article 15.3 considered unfair hiring illegal aliens. It is a redundancy, because without this section, such behavior would be considered equally unfair competition violation of a standard, but the legislature intended to emphasize the importance of this type of case.

An example of unfair competition by violating the laws would be the case Gowex: The company had achieved a significant competitive advantage through non-compliance with the mandatory rules. If the capital raised through the MAB had somehow used to compete (best buying technology, fichando talent, or attending competitions in conditions to which its competitors could not reach) would have committed an act of unfair competition. If money earned "it" was only used in applications such as cars, properties or offshore accounts, there would be no breach of unfair competition laws.

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