Although most unfair practices are not contrary to the Competition Defense Law, in some cases they do fall within its scope and are examined by the CNMC.

An act by a company is considered unfair in relation to consumers and users if it is contrary to good faith, aiming for people to make consumption or contracting decisions based on biased or easily misinterpreted information.

There are also unfair actions towards other companies or the market that may restrict competition.

Deceptive acts

Any conduct that contains false information or information that, while truthful, due to its content or presentation misleads or may mislead the recipients.

Acts of confusion

When confusion is created with the activities or services provided when delivering a certain service.

Misleading omissions

Omission or concealment of the necessary information for the recipient to make or be able to make an informed economic decision. Likewise, it will also be considered unfair if the information provided is:

• Unclear, unintelligible, ambiguous.
• Not provided at the appropriate time.
• The commercial purpose of the practice is not disclosed when it is not evident from the context.

Aggressive practices

Any behavior that, considering its characteristics and circumstances, is likely to significantly reduce, through harassment, coercion, even with the use of force, or undue influence (the use of a position of power), the freedom of choice or conduct of the recipient in relation to the good or service, and that may affect or affects their decision.

Denigration acts

Making or disseminating statements about the activity, services, establishment, or business relationships of a third entity, with the aim of undermining its credit in the market (unless they are accurate, truthful, and relevant), especially if they refer to its nationality, religion, or private life.

Comparison acts

They are allowed if they are objective and meet a series of circumstances, such as having the same purpose or satisfying the same needs and not being imitations, among others.

Imitation acts

Business or professional services and initiatives can be imitated unless they are protected by an exclusive right. It will be considered unfair if it takes advantage of someone else's reputation or is excessive.

Violation of secrets

Business secrets cannot be disclosed.

Violation of rules

It is unfair to obtain a significant competitive advantage acquired by violating the rules, as well as hiring foreign individuals without authorization to work.

Loss-leading sales

Each company or professional can set their prices freely. However, sales made at low cost or below acquisition price will be considered unfair in certain cases, such as when used as a strategy to eliminate competitors.

Illegal advertising

Advertising must be clear and honest.