Abstract

BARRIENTOS CAMUS, FRANCISCA  and  FERNANDEZ ORTEGA, FELIPE. The Unfair Terms and Abusive Behavior of the Supplier Against the Small Entrepreneur as an Act of Unfair Competition in Chilean Law. Rev. Derecho Privado [online]. 2024, n.46, pp.213-245.  Epub Feb 16, 2024. ISSN 0123-4366.  https://doi.org/10.18601/01234366.46.09.

The article analyzes Article 4, letter i), of Law 20.169, which sanctions the establishment or application of "contractual clauses" and abusive "behaviors" as acts of unfair competition to the detriment of suppliers. The purpose of the text is to explore its application through the construction of criteria that allow configuring the offense. To achieve this, it is proposed that the competitive relationship is not a prerequisite for the application of the law, and the diversion of clientele is not a requirement. Subsequently, it is argued that it should be integrated with Article 16, letter g), of Law 19.496, which establishes the general parameters of abusiveness.

Keywords : unfair competition; abusive clauses; consumer rights.

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