Abstract:

The sanctioning of the unfair competition ensures the good deployment of the commercial activity. The accomplishment of acts or facts of unfair competition attracts, according to the case, the civil, contraventional or criminal liability. In some cases, several forms of legal liability can be cumulated: the civil or criminal liability, with the administrative one or with the disciplinary liability of employees. These sanctions can be accompanied by the obligation of the author of unfair competition act to cease or eliminate the act, and if a prejudice was caused, by the obligation to pay indemnifications for the damages caused to the competitor tradesman.    The civil liability, unlike the contraventional or criminal one, can be invoked anytime the tradesmen breach the obligation to carry out their commercial activity with good faith and according to honest usages, and the fact does not represent a contravention or infraction.