Legal Literature

  • Legal Literature Details
    • Member State: Spain
    • Title: The structural elements defining the conduct subject to the Unfair Competition Act
    • Subtitle:
    • Type:
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    • Author: A. SUÑOL LUCEA
    • Reference: Revista de Derecho Mercantil No. 284/2012
    • Publication Year: 2012
    • Keywords: competition, unfair competition
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 1, Article 2 Unfair Commercial Practices Directive, Chapter 1, Article 3 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9 Unfair Commercial Practices Directive, Annex I Unfair Commercial Practices Directive, Annex I
  • Headnote
    The author analyses in depth the constitutive elements of a non-competitive conduct under Spanish Unfair Competition Act. As a general rule, any act or practice carried out in the market with competition purposes is subject to this Act. In this respect, the author examines the notion of "act" or "practice", which could be carried out before, during or after a commercial transaction or contract. Additionally, the notion of "competition purposes" as well as the criteria to determine the competitive character of an act or practice are studied in detail. These concepts are broad enough to cover any conduct, regardless of its nature, related to unfair competition practices of the companies vis-à-vis the consumers in the internal market, in line with Directive 2005/29/CE.
  • General Note
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