We share the contribution of Ms. Victoria Hernández Turiel , Lawyer and Political Scientist. Specialist in new technology law. She is an expert in data protection. Electronic commerce and intellectual and industrial property. In this article. The acts of comparison are studied , making reference to the fragmentation of the law of unfair competition into two types of practices. The comparison is reviewed as both licit and illicit conduct depending on the case. Along with its regulation and legal requirements so that the comparison is considered lawful. Likewise, reference is made to the comparison considered unlawful and unfair and not misleading. Finally some assumptions of both licit and illicit comparison are presented. A series of final considerations.
The community legislator establishes a regulation
The European Parliament and of the Council, unfair commercial practices by companies in their relations with consumers in the internal market (Directive on unfair commercial practices). On the occasion of the transposition of this Directive, Law, of December , was approved. Which modifies the legal regime of unfair Taiwan Telegram Number Data competition and advertising to improve the protection of consumers and users ; which introduces modifications. Among others, in Law , on Unfair Competition, of January , (hereinafter, LCD), the General Law for the Defense of Consumers approved by Royal Legislative Decree and Law , of November , General Advertising . Fragmentation of unfair competition law: Two types of practices Law , of December. Is an immediate example of the fragmentation of unfair competition law , dividing unfair practices into two types.
Which the parties are two businessmen
When the parties involved are one businessman and the other a consumer. In this way, those provided for in Chapter III of the LCD and in articles , , and of the same law. Which constitute basic types. The foregoing, without Mexico Telegram Number List prejudice to the provisions of articles and LGDCU. In addition. The development modalities regulated in articles to LCD, which are always relative to consumers and users. However, this division is fictitious. Since it cannot be said that Chapter II LCD exclusively typifies unfair acts whose recipients are businessmen. Since article LCD establishes that there are general unfair practices that can affect consumers (articles ,, and LCD), and, because implicitly many behaviors included in Chapter II are also unfair practices with consumers. As is the case with acts of comparison.
