El ilícito concurrencial general en la ley no 20.169 sobre competencia desleal

Abstract

This paper analyses each one of the requirements demanded by article 3 of law number 20.169 in order to judge a conduct as unfair competition. The author proposes to consider one of those elements (use of unlawful means) as the boundary that permits to distinguish fair competition from unfair competition. It is also observed that this element is useful to determine the existence of other elements demanded by article 3. Assuming that unfair competition conducts make arise tort liability, the author analyses two elements of that kind of liability specially regulated by article 3: damage and intention.