THE FAIRNESS OF COMPETITION

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The action for unfair competition is based on Articles 1382 and 1383. It therefore implies a competitive situation as well as the existence of fault committed by the defendant and damage suffered by the defendant.

The unfair competition is particularly practices 

• disparagement of competitors
• slavish imitation of competitor’s products
• call price to divert competitor’s products
• poaching of the competitor’s staff
• faulty comparative advertising
• creating confusion between companies

To the extent that unfair competition sanctions the wrongful appropriation of the work of others or the infringement of rights, it extends to competitors the protection of these rights, such as, for example, trademark law or the right to copyright. ‘author. 

The victim of the practice of unfair competition has an action which is prescribed in ten years to obtain compensation for the damage.

The concepts of anti-competitive practice can also be directly associated with the concept of risks of free riding.

On the basis of article 1382, case law sanctions economic parasitism, defined as the set of behaviors by which an economic agent interferes in the wake of another in order to profit, without spending anything, from his efforts and of its know-how ( Cass. Com. January 26, 1999 )