TY - JOUR
T1 - The Unfair Terms and Abusive Behavior of the Supplier Against the Small Entrepreneur as an Act of Unfair Competition in Chilean Law
AU - Camus, Francisca Barrientos
AU - Ortega, Felipe Fernández
PY - 2024/1
Y1 - 2024/1
N2 - The article analyzes Article 4, letter i), of Law 20.169, which sanctions the establishment or application of "contractual clauses" and abusive "behaviors" as acts of unfair competition to the detriment of suppliers. The purpose of the text is to explore its application through the construction of criteria that allow configuring the offense. To achieve this, it is proposed that the competitive relationship is not a prerequisite for the application of the law, and the diversion of clientele is not a requirement. Subsequently, it is argued that it should be integrated with Article 16, letter g), of Law 19.496, which establishes the general parameters of abusiveness.
AB - The article analyzes Article 4, letter i), of Law 20.169, which sanctions the establishment or application of "contractual clauses" and abusive "behaviors" as acts of unfair competition to the detriment of suppliers. The purpose of the text is to explore its application through the construction of criteria that allow configuring the offense. To achieve this, it is proposed that the competitive relationship is not a prerequisite for the application of the law, and the diversion of clientele is not a requirement. Subsequently, it is argued that it should be integrated with Article 16, letter g), of Law 19.496, which establishes the general parameters of abusiveness.
KW - abusive clauses
KW - consumer rights
KW - unfair competition
UR - https://www.mendeley.com/catalogue/c7a82b72-d354-3273-998a-2d12cfac3e06/
U2 - 10.18601/01234366.46.09
DO - 10.18601/01234366.46.09
M3 - Artículo
SN - 0123-4366
SP - 213
EP - 245
JO - Revista de Derecho Privado
JF - Revista de Derecho Privado
IS - 46
ER -