Competition law regulates trade through the prohibition of illegal restrictions, the fixing of prices and monopolies with the aim of creating a fair competition between companies and guaranteeing an efficient market structure. Knowing the applicable norms in Spain is fundamental to carry out any kind of corporate project.

Special Legislation for Particular Goods in Spain

At times, the standard or regular laws on advertisements are not sufficient with regard to several types of products. This is usually because these products relate to health or they are products that are used frequently and therefore need more regulation. This is usually the case with products such as alcohol, tobacco, pharmaceuticals, etc. The laws on advertisement concerning pharmaceuticals are especially strict and detailed to ensure that no misleading advertisements are published.

Dispute Resolution in Advertising Law in Spain

There are several laws related to alternative dispute resolution of advertisement disagreements in Spain. Many measures have been set up so that the claimant/victim in an advertisement law dispute can get the compensation he/she deserves. However, this does not include damages, but mainly measures such as correcting the advertisement that caused the dispute or prohibitions of specific advertisements.

Protecting trade marks in Spain

A trade mark is a distinctive sign indicating products and services. Registration confers an exploitation monopoly to the depositor who can prohibit use of his or her distinctive sign by any third party. To protect his or her brand is essential; it prevents a third party from taking advantage of efforts invested in the product or service. In Spain, rights in trademarks are acquired with registration. A trademark is protected for ten years and is renewable infinitely.

Amendments to the Unfair Competiton Act in Spain and its influence on other legislation

The Act No. 29/2009 of 30 December modifies the legal system of unfair competition and advertising to enhance consumer and user protection in Spain. Act No 29/09 incorporates the Community Directive 2005/29/EC dealing with unfair company commercial practice in their relations with consumers on the domestic market into the Spanish law, along with Directive 2006/114/EC […]