El blog de Maria

Acts of deception.

It is considered unfair  as deceptive  any conduct containing any false information or information which, although accurate, due to its content or presentation  can deceive or is likely to mislead recipients, being susceptible to alter their economic behavior

Misleading omissions.
 
It is considered unfair the omission or concealment of information which is necessary for the recipient to adopt or to take a decision of economic meaning with the proper knowledge of the facts. It is also unfair if the information provided is unclear, unintelligible, ambiguous, not offered at the right time, or not given to identify the commercial intent of this practice, when this is not apparent from the context.

Aggressive practices
 
 It is considered unfair that behavior that taking into account their characteristics and circumstances, is likely to diminish significantly, by harassment, coercion, including the use of force, or undue influence, the freedom of choice or conduct of the recipient in relation to a good or service and therefore affects or could affect their economic behavior.
 
Acts of comparison.
 
Public comparing, including comparative advertising, by explicitly or implicitly reference to a competitor is permitted if it meets the following requirements, among other ones:
-    The goods or services compared must have the same purpose
-    The comparison is done in an objective way
-    No goods or services may be presented as imitations or replicas of others that have a protected mark or trade.

Acts of imitation.

1.    Imitation of others´ benefits and business initiatives is free, unless they are covered by exclusive rights recognized by law.
2.  However, the imitation performance of a third party is deemed unfair where appropriate to generate the association by consumers regarding the provision or involves abuse of the reputation or the toil of others.

Part I of this serie of articles here

Maria L. de Castro

Chipiona ( Cádiz)  lighthouse by Eugenio R at Flickr.com