El ámbito subjetivo de aplicación de la Ley de competencia desleal

Translated title of the contribution: The subjective scope of enforcement of the Unfair Competition Law

Manuel Antonio Bernet Páez*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

1 Scopus citations


This paper aims to determinate the subjective scope of enforcement of the unfair competition law. Such matter is not expressly regulated in Law NO 20.169, of 2007, which it has led to diverse jurisprudence of national courts, being especially reproachable a strict line of legal interpretation that affirms that both author and victim of an unfair act should be entrepreneurs and they must dispute the same costumers, requirement which is named competitive relationship. On the contrary, we propose herein that the subjective scope of this Law must be understand in wide terms, since the protection granted is not limited just to competitors, but to all market players which legitimate interests are affected by an unfair competition act.

Translated title of the contributionThe subjective scope of enforcement of the Unfair Competition Law
Original languageSpanish
Pages (from-to)431-468
Number of pages38
JournalIus et Praxis
Issue number2
StatePublished - 2018

Bibliographical note

Publisher Copyright:
© 2018, Universidad de Talca.


  • Commercial law
  • Derecho comercial
  • Derecho de la Competencia desleal
  • Scope of enforcement
  • Unfair competition law
  • ámbito de aplicación


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