The rules concerning unfair competition and parasitism are case law rules, based on article 1382 of the Civil Code. They protect companies against wrongful attacks on their customers, their image and their assets.
They come under competition law because they play a fundamental role in ensuring fair competition. Freedom of competition can only be preserved in a lasting and effective way through regular practices.
They are also subject to market law. They aim to ensure that the conquest of market share is done in a positive way, and not by disrupting competitors and denigrating their products. The fairness of competition is in line with the requirement of respect for “fair and commercial practices”.