Unfair competition: The Court of Cassation rules that an action based on unfair competition does not require competitive relationships between parties to the case (La Fermière / Yoplait)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. An action for unfair competition presupposes the finding of wrongful conduct from which it necessarily follows that the victim has suffered damage. In order to assess whether or not the conduct in question is at fault, the case-law has long required proof of competition between the perpetrator and the victim. However, the position of the courts has fluctuated according to the decisions: sometimes the admissibility of an action for unfair competition was subject to the existence of a situation of competition between the undertakings concerned (Cass. com., 19 Nov. 2002, No. 00-13.154: Bull. civ. 2002, IV, No. 171; Cass. com., 13 Dec.