The limitation period as an insurmountable barrier in the private enforcement of unfair competition law with public implications

9 de septiembre, 2026

Supreme Court judgment no. 1189/2026 resolves a case involving an action for damages arising from acts of unfair competition affecting the public interest (Art. 7 LDC 1989, now Art. 3 of the Competition Act). The Supreme Court clearly establishes that these acts do not constitute antitrust violations in the strict sense (Arts. 1 and 2 of the LDC), but rather acts of unfair competition subject to the provisions of the Competition Act. Consequently, neither the favourable provisions of the Damages Directive nor Title VI of the Competition Act apply, and such actions are excluded from the five-year limitation period.