Lawyer for unfair competition

Do you need the support of a lawyer for unfair competition? When we talk about unfair conduct in the market, we must highlight article 38 of the Spanish Constitution which recognizes the protection of free competition.

On the other hand, Law 3/1991, of 10 January 1991, on Unfair Competition, includes in its articles those acts of unfair competition. Specifically, Article 4 of the Law defines unfair conduct as “any behaviour that is objectively contrary to the requirements of good faith”.

Therefore, at Letslaw we offer advice to all types of companies, startups and/or individuals who have been affected by any act or practice of unfair competition included in the regulations, such as:

• Acts of confusion
• Misleading omissions
• Acts of denigration
• Misleading promotional practices
• Acts of comparison
• Deceptive acts
• Imitation acts
• Violation of secrets
• Aggressive practices by coercion, harassment, in relation to minors
• Covert commercial practices
• Pyramid selling practices
• Illegal advertising and mis-selling

Each specific case must be analyzed at all times and it must be studied whether the act of unfair competition fits in with the acts typified in the Law, as well as what has been established by jurisprudence.

The actions that can be brought against unfair acts are as follows:

• Declaratory action of unfairness.
• Action for cessation of the unfair conduct or prohibition of its future repetition. Likewise, the prohibition action may also be brought if the conduct has not yet been put into practice.
• Action to remove the effects produced by the unfair conduct.
• Action for rectification of misleading, incorrect or false information.
• Action for compensation for damages caused by the unfair conduct, if there has been fraud or negligence.
• Action for unjust enrichment, only in certain cases.

In addition, it is necessary to take into account the time limit for exercising the actions, as these have a specific limitation period.

Letslaw has a team of professionals in the field of unfair competition who advise companies on commercial practices involving unfair competition, representing clients in court when necessary.