We call unfair competition to all those acts or conducts able to affect the participation of a company in the market owing to acts that do not derive from its own efficiency, but which are originated by deceit, confusion, undue advantage of others’ reputations, business sabotage or other acts of unfair competition, which may be carried out by competitors.
Such acts may be carried out through advertising activities, mainly due to non-compliance with basic rules applicable to advertising, such as the principles of truthfulness, legality, loyalty and social appropriateness.
Yes, influencers must always declare their content is advertising if their comments or opinions have a consideration. Remember that failure to declare their content is advertising is a violation of the Principle of Authenticity, and that both you as the advertiser and the influencer may be sanctioned by the competent authority.
Yes, it is, but in the following cases: