Unfair competition

The unfair competition indicates an abuse business practice of a Entreprise compared to another. It is sanctionnable on the base of article 1382 of the French civil code (criminal responsibility) and exposes to the payment of damages to make good the undergone damage.

In theory, the three conditions of implementation of the criminal responsibility must be joined together:

  • the Fault (denigration, disorganization, imitation, parasitism)
  • the Damage (to harm the Image of a company, reduction in the Turnover)
  • the causal link (Non-competition clause) (illicit laying off)

However, certain jurisdictions sanctioned unfair practices while resorting to the concept of commercial disorder, creating a simple presumption of damage since the unfair behavior was proven (D. 1994, somm. 250, note Tightened).

The field of the action in unfair competition extended considerably to the wire from time: aiming at the origin the abuses practiced between competitors, it extended until aiming at the practices of companies evolving/moving on distinct markets.

See too

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