Amendments to Unfair Competition Law enter into force

26 May 2022

The most noteworthy amendments to the Unfair Competition Law are the following:

(i) Marketing a good as being identical to a good marketed in another Member State when that good has a significantly different composition or characteristics is classified as a misleading practice.

(ii) The scope of covert commercial practices is expanded to information society services, social media and online searches.

(iii) Three new types of misleading practices in the digital market are created: (a) reselling tickets purchased by bots, (b) stating that reviews have been submitted by consumers who purchased the products when no reasonable steps were taken to verify this, and (c) posting or commissioning false consumer reviews.

(iv) Visiting a consumer’s or user’s home and organising excursions with the aim or effect of promoting or selling products, whenever certain regulatory requirements are not met, are considered aggressive practices.

Contact lawyers

Álvaro Angulo

Álvaro Angulo
Member no. 132819 of the Madrid Bar Association Competition/Antitrust +32(0)26396464