Unfair Competition – Diversion of Custom

By Cristian Martea, Cooperate Legal Services, Lda.

Competition serves as the engine of a healthy market economy, fostering innovation, efficiency, and the offering of superior products and services. However, when diverted from the principles of good faith and commercial standards, it carries a harmful potential—not only for direct competitors but for the balance of the market itself. This text proposes a brief reflection on the legal framework of unfair competition in Portugal, analysing its primary types, legal foundations, and implications for business activity.

It is first necessary to define the concept of competition. In this context, the jurisprudence of the Supreme Court of Justice defines an act of competition as one which, in the development of a specific economic activity, is likely...continues in the PDF...