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What it is

Bans unfair competition between businesses in the market

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 22 January 1990. Introduced by: Gobierno.

Official title: Government bill on unfair competition.

Follow this law

Source: Congreso de los Diputados, file 121/000007· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law protects competition by banning acts of unfair competition. In general, any conduct contrary to good faith is considered unfair.
  2. It applies to conduct carried out in the market with competitive aims, whether or not a direct competitor is involved. It covers businesses and anyone else taking part in the market, and acts with effects in Spain.
  3. The law lists unfair practices: creating confusion, misleading people, gifts that pressure consumers into buying, disparaging others, improper comparisons, imitation that risks confusion, exploiting another's reputation, violating secrets, inducing breach of contract, gaining advantage through lawbreaking, discrimination, and selling below cost in certain cases.
  4. Against an unfair act, a person can ask the court to declare it unfair, order it to stop, remove its effects, correct false information, award damages, or claim unjust enrichment. Harmed parties, consumer groups, and trade associations can sue. Claims expire after one year, or three years from the act.
  5. The process helps the plaintiff: they can ask the judge for preliminary steps to get information from the defendant's company, request urgent precautionary measures, and in misleading or disparaging cases the judge can require the defendant to prove the truth of their statements.

Who it affects

  • Businesses and professionals: They cannot use unfair practices and can sue competitors who do.
  • Consumers: They are protected from deception, conditional gifts, and discrimination, and can go to court if harmed.
  • Consumer and trade associations: They can sue when their members' interests or consumers' interests are affected.

Words worth knowing

Competencia desleal (unfair competition)
Market conduct that goes against good faith and harms other market participants or consumers.
Medidas cautelares (precautionary measures)
Urgent court orders to stop or prevent harm while the lawsuit is ongoing.
Enriquecimiento injusto (unjust enrichment)
A claim to force repayment of gains wrongly obtained through the unfair act.
Diligencias preliminares (preliminary proceedings)
Steps the judge can order before trial to get information needed to file the lawsuit.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced22 January 1990Someone registers the text in the Congreso.
  2. Admitted23 January 1990The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
Jan 199011. 22 January 1990: Presentación22. 23 January 1990: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Presented before in:

Published in the BOE: Law 3/1991, of January 10, on Unfair Competition

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error