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- Title
TREINTA AÑOS DE LEY DE COMPETENCIA DESLEAL.
- Authors
Massaguer Fuentes, José
- Abstract
The Unfair Competition Law has become thirty years old. What the courts and academic opinion have shown us is that this law is the comprehensive, innovative and effective regulation its preamble claimed it to be, and that it is technically rigorous, even though some of this quality has been slightly lost with its several amendments. Firstly, the law generally regulates competition practices -- a legal concept that was modified in 2009 to also cover commercial practices with consumers --, applicable in the whole of Spain to all sectors and to any competitive activity. The law retains the institutional focus of unfair competition protection and the validity of Zwecktrias, while the courts have been able to device the standard concepts contained in its provisions and ensure that they have done so in accordance with the true objectives and purposes of the law. In this regard, established market operators have not been able to resort to the law to hinder newcomers from entering the market or new products and businesses being launched. Yet, within its sphere of influence, the law, as construed and applied in practice, has consistently promoted and fostered transparency and more quality information available in the market to make decisions, has created a favourable environment for innovation, and has promoted equal treatment amongst competitors as well as other conditions inherent to a competitive market. On a different note, the law's robust action against unfair competition, along with its specific procedural rules, have been a key element for its success. In short, we cannot but value most highly the law's role in fostering efficient markets, which in turn enhances consumer welfare and the greater good; acknowledge the work of the scholars who inspired the purposes and contents of the law and the legislators who finally drafted and passed it; and praise those who embraced its enactment thirty years ago.
- Subjects
SPAIN; UNFAIR competition; ANTITRUST law; COMMERCIAL markets; EFFICIENT market theory; CONSUMERS; REFORMS; COURTS
- Publication
Actualidad Jurídica (1578-956X), 2021, Issue 55, p64
- ISSN
1578-956X
- Publication type
Article