Article 9 of the Law of Unfair Competition tries to avoid damage to the credit of an economic agent, but not to give it direct protection, but to ensure, through its protection, the proper functioning of the market.

Thus, as the Explanatory Memorandum of the Law itself indicates in section III, the Law of Unfair Competition is no longer conceived as a system primarily aimed at resolving conflicts between competitors, but rather as an instrument for ordering and controlling conduct in the market.

Iñigo Rodríguez-Sastre, international partner in Procedural Law, Insolvency and Arbitration, analyses in Informativo Jurídico (i) the necessary protection of business reputation for a correct unfolding of the market, (ii) the act of unfair competition for denigration and (iii) the requirements to consider the existence of a degoratory act.

You could read the full article in the Informativo Jurídico.