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Unfair competition in Spain and some examples



Unfair competition is a deceptive or unlawful business practice that financially harms consumers or business entities.


In its essence, the unfair competition takes place when for example a company seeks to take advantage of the good reputation or prestige of an already consolidated company or business project, by simply copying its business model or main attributes.


Unfair competition in Spain is governed by the Commercial Law Code, the Criminal Code and also by the Unfair Competition Law.


The Unfair Competition Law is basically a regulation that seeks to protect economic, intellectual and creative investments made by companies to distinguish themselves and their products.


There are many ways to understand unfair competition and examples can be found frequently, each of them referring to a different type of economic damage, as in the following cases:

  1. False advertising.

  2. Unauthorized substitution of one brand of product for another.

  3. Trademark infringement.

  4. Misappropriation of trade secrets.

  5. False representation of products or services.

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