Ley 3/1991, de 10 de enero, de Competencia Desleal. | BOE-A-1991-628 — Spain law | Esheria

Ley 3/1991, de 10 de enero, de Competencia Desleal.

This article states that the law aims to protect competition and prohibits unfair competition acts, including unlawful advertising.

Jurisdiction
Spain
Instrument
Act or statute
Citation
BOE-A-1991-628
Version
Undated source snapshot
Language
es
Updated
Official source
View official record ↗
acciones judiciales advertising advertising complaints advertising disclosure after-sales service aggressive commercial practices aggressive sales practices bait advertising below-cost sales brand confusion business secrets cease and rectify claim deadlines code of conduct codes of conduct coercion commercial communication commercial practices commercial relations comparative advertising comparison advertising competition law competitive statements confidential information +58 more

Statute overview

About this statute

Public comparative advertising is allowed only if it meets the listed conditions. Imitation of another business’s offerings is generally allowed, but it can be unfair in certain cases. The provision says it is unfair to improperly use another person’s business reputation for one’s own or someone else’s benefit. Breach of business secrets is treated as unfair conduct and is governed by the trade secrets legislation. Inducing workers, suppliers, customers, or other obligors to breach basic contractual duties owed to competitors is treated as unfair. So is inducing contract termination or benefiting from someone else’s breach when known, if it is aimed at using a trade or business secret or involves deception, a plan to eliminate a competitor, or similar circumstances.

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