What are the acts of unfair competition disparagement?

unfair competition














The acts of denigration are those that can affect the reputation of a company's market.

It is expressly stated in Article 9 of la Unfair Competition Law:

"Produce or disseminate demonstrations is considered unfair on the activity, performance, establishing business relations or a third party are fit to impair his credit in the market, to be in that exact sean, true and relevant.

In particular, demonstrations aimed nationality is not relevant estimate, beliefs or ideology, privacy or any other strictly personal circumstances of the victim. "

For there to be "act denigración"It is sufficient that the conduct is sufficient to damage the prestige or reputation of a competitor without the existence of malice or intent necessary.

For the Supreme Court considered derogatory act "Knowingly spread false assertions against an opponent in order to harm him commercially, namely, activity aimed at producing discredit the competitor or its product, or dissemination of false statements to his detriment " (Judgment 1 April 2004).

The acts denigratorios can affect both other competing companies and consumers, hurting the perception of value that we have about the company or product in these behaviors.

For an act to be considered derogatory, must have the following elements (expressed criterion STS 11 July 2006):

  • Damage to reputation
  • Falsehood
  • Impertinencia
  • Affect competition

It is also necessary that the derogatory act if exteriorice: can be made public in any form, but the reach of the average, determine the amount of compensation. They may be circular, letters, verbal statements, Internet publications or other.

But keep in mind that opinions are protected by the constitutional principle of freedom of expression: To fall within the scope of the act of denigration, should refer to facts capable of checking the correctness.

Also, the law expressly provides "exception of the truth”: if manifiestaciones are exact, true and relevant, not constitute an act of denigration. The accuracy and truthfulness leaves no doubt. As for the relevance, it is considered that a demonstration is relevant if it relates to matters on the market share of the affected, namely, that are appropriate for clients, companies the consumers, form their judgment and their decisions on market.

The "exceptio veritatis" must be proved by the defendant must be able to argue these three requirements discussed.

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