The diversion of clientele is considered an act of unfair competition, and “any conduct that has the object or effect of diverting clientele from the activity, commercial services or foreign establishments is considered unfair, provided that it is contrary to healthy commercial customs or the honest uses in industrial or commercial matters.”
When these cases of bad faith occur in the market, the affected person can resort to legal actions such as:
- Declaratory and sentencing action:
The person affected by acts of unfair competition will have an action to judicially declare the illegality of the acts carried out and consequently order the offender to remove the effects produced by said acts and compensate the damages caused to the plaintiff. The plaintiff may request, at any time during the process, that precautionary measures be taken.
- Preventive or prohibition action:
The person who thinks that they may be affected by acts of unfair competition, will have action to request the judge to avoid the performance of unfair conduct that has not yet been perfected, or to prohibit it, even if no damage has yet been produced.
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