CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE - UNFAIR COMMERCIAL PRACTICES – UNFAIR COMPETITION – MARKET DISRUPTION – CODE OF ETHICS – ADVERTISING PROHIBITION

Unfair competition: The Paris Court of Appeal recalls that a legal entity not subject to a code of ethics’ rules can commit an act of unfair competition in case of breach distorting competition on the market (Mutualité française d’Alsace / Syndicat des chirurgiens-dentistes du Bas-Rhin)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Unfair competition is one of those notions that are sometimes thought, with little naivety, to be easily tamed. On the one hand, unfair competition does not, at least officially, belong to the family of unfair commercial practices as defined by the recent reform of Title IV of Book IV C. com (on the notion of unfair commercial practice, see F. Buy, M. Lamoureux and J.-C. Roda, Droit de la distribution, LGDJ, 2nd ed. 2019, No. 334 et seq.) On the other hand, although it is traditionally taught that its purpose is only to protect competitors and not competition, it sometimes "objectivizes" itself in order to, imperceptibly, come closer to the "true" law of

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  • University of Aix-Marseille

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Frédéric Buy, Unfair competition: The Paris Court of Appeal recalls that a legal entity not subject to a code of ethics’ rules can commit an act of unfair competition in case of breach distorting competition on the market (Mutualité française d’Alsace / Syndicat des chirurgiens-dentistes du Bas-Rhin), 29 August 2019, Concurrences N° 4-2019, Art. N° 92392, pp. 122-123

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