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.
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© 2018, Universidad de Talca.
- Commercial law
- Derecho comercial
- Derecho de la Competencia desleal
- Scope of enforcement
- Unfair competition law
- ámbito de aplicación