Civil proceedings for compensation


Compensation for unfair competition

Unfair competition in the business world can lead to significant losses and damage to reputation. In Spain, laws exist to provide compensation for victims of such practices. This guide explores the concept of compensation within the framework of unfair competition, shedding light on legal remedies available in Spain.

What constitutes unfair competition?

Unfair competition is a term that encompasses a diverse set of activities that can cause significant harm to businesses and consumers. It’s a concept that goes beyond simple rivalry between companies and delves into unethical practices that can lead to legal consequences. Identifying these practices is the first step toward seeking compensation, and understanding the intricacies can be instrumental in legal battles.


One of the primary forms of unfair competition is deceptive advertising. This occurs when a company intentionally misleads consumers through false claims or misrepresentations about a product or service. These falsehoods can relate to the quality, origin, price, or other essential features of what’s being offered.


Trademark infringement is another serious form of unfair competition. It involves the unauthorised use of another company’s registered trademark or a confusingly similar mark. This can lead to consumer confusion and can significantly damage the reputation of the original trademark holder.


Trade defamation, also known as trade libel or slander of goods, involves the dissemination of false information about a competitor’s products or services. This can be done with the intent to discourage consumers from purchasing from the competitor, thus leading to financial loss.


Unfair competition also includes the practice of unauthorised substitution, where a seller delivers a product that is different from what was agreed upon without the buyer’s consent. This practice deceives the buyer and undermines trust in the marketplace.


The theft or misappropriation of trade secrets is another facet of unfair competition. This can include stealing confidential information such as formulas, processes, or business strategies and using them for competitive advantage.

Rights and remedies in unfair competition cases

Victims of unfair competition face not only financial loss and reputational damage but also a complex legal landscape. They have specific rights to compensation, legal protection, and other remedies in Spain. Understanding these rights is essential for pursuing legal action, and they can be broken down into various categories:

Right to compensation

When a business falls victim to unfair competition, they are entitled to seek compensation for any monetary loss or damages incurred. This can include the loss of profits, damage to business reputation, and costs associated with rectifying the misleading information that caused harm. The amount of compensation can vary and often requires a thorough assessment of the damage suffered.

Right to injunction

In addition to compensation, victims may seek an injunction to prevent the offender from continuing the unfair practices. An injunction is a legal order that stops the infringing party from engaging in specific activities. In the case of unfair competition, this might include halting deceptive advertising or the unauthorised use of a trademark.

Right to legal protection

Legal protection ensures that the victims have access to the judicial system and can engage competent legal representation to enforce their rights. In Spain, the laws governing unfair competition are designed to provide robust legal protection for those affected, and the legal system offers various avenues to pursue justice.

Right to restitution

Restitution refers to the restoration of the victim to the position they were in before the unfair competition occurred. This may include the return of stolen trade secrets, removal of false advertising, or the cessation of other unfair practices. It’s a way to undo the damage caused and can be a vital aspect of the remedy process.

Right to public apology

In some cases, the court may order the offending party to issue a public apology or a declaration correcting the false statements. This can be a way to restore the reputation of the victim and clear any misconceptions caused by the unfair practices.

The role of legal representation in seeking compensation

Professional legal representation is often crucial in compensation cases related to unfair competition. Fenus Legal’s expertise in commercial law ensures that your interests are protected.

Calculating compensation in unfair competition cases

Calculating compensation can be a complex task, involving an analysis of actual losses, potential damage to reputation, and other factors. Expert legal guidance is vital in accurately assessing compensation.


Compensation for unfair competition is a critical aspect of commercial law in Spain. From understanding what constitutes unfair competition to calculating compensation, seeking legal remedies, and navigating complex procedures, this guide offers essential insights for English residents in Spain.


Fenus Legal stands as a knowledgeable partner in this intricate legal journey, ensuring that your rights are upheld and that you are adequately compensated for any unfair competition you may have faced.