Lawyers specialising in

Unfair competition

Our lawyers specialising in Unfair competition advise and represent businesses facing unfair practices by competitors, employees or former executives. We act both proactively and in litigation matters to protect strategic assets such as reputation, client portfolios, confidential information, trade secrets, and know-how.
AGM Abogados Unfair competition

Unfair competition encompasses any conduct carried out in the marketplace that is objectively contrary to the requirements of good faith, in accordance with Spanish Unfair Competition Act 3/1991 of 10 January.

It may arise between competing businesses, although the Act does not require a direct competitive relationship between the party engaging in the unfair practice and the party that suffers harm.

Practices that may constitute unfair competition include:

  • Misleading or confusing practices.
  • Disparagement of competitors.
  • Unfair imitation or exploitation of another party’s reputation.
  • Misappropriation of trade secrets.
  • Inducement to breach contractual obligations.
  • Unlawful advertising.

Our lawyers specialising in unfair competition analyse each case to determine whether unfair conduct has occurred and to define the most effective strategy to prevent it, bring it to an end, or seek compensation for its consequences.

Who do we advise?

Our Unfair competition lawyers advise businesses facing potential unfair practices by competitors, employees, directors, or former members of staff, particularly where assets such as client portfolios, confidential information, trade secrets, or know-how may be at risk.

What are our main Unfair competition services?

At AGM Abogados, we provide the legal protection and enforcement mechanisms required to safeguard businesses against unfair competition practices, including:

  • Due diligence, to identify potential unfair competition risks in corporate transactions.
  • Risk assessment and prevention, particularly in connection with potential unfair conduct by employees, directors, or former members of staff.
  • Advice in collaboration with our Employment Law team, where the dispute affects employment relationships or operates within particularly sensitive sectors.
  • Legal action to obtain a declaration of unfair conduct and secure the cessation of the unlawful practice.
  • Removal of the effects caused by the unfair act.
  • Claims for damages, where appropriate.
  • Rectification of inaccurate or misleading information, including court proceedings where necessary.

Why choose our Unfair competition services?

  • Extensive experience in both preventive and contentious matters, enabling us to act before a dispute arises or when immediate measures are required to protect the business.
  • A multidisciplinary approach, bringing together specialists in Corporate and Commercial Law, Employment Law, and Litigation and Arbitration whenever the circumstances demand it.
  • Tailored analysis for each case, taking into account the conduct in question, the affected market, the available evidence, and the business interests that need to be protected.

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