Law 18/2022 ("Crea y Crece Law") introduced a new paragraph to Article 15 of the Unfair Competition Law, which is not trivial and provides that repeated non-compliance with the rules on combating late payment in commercial transactions shall be considered unfair.
The new wording of the precept is important to bear in mind, especially for those companies that, despite the current regulations against late payment in commercial transactions, are negotiating and accepting collection conditions higher than the limits set forth in the aforementioned Law.
In our opinion, the application of this precept should not be automatic, and for a breach of the rules against late payment to be considered unfair conduct, two important factors should be necessary:
- Competitive purpose, i.e., that the non-compliance responds to the purpose of improving one's own position in the market and that it has a minimum significance to influence the market.
- Repetition of the conduct, i.e., several breaches of conduct are required and it is not unreasonable to require a considerable number of breaches (i.e., more than two).
We are very close to the entry into force of the rule, so it will be necessary to be attentive to the evolution of the doctrine and jurisprudence in this regard. However, in order to clarify more precisely any potentially infringing conduct, do not hesitate to contact us; we will be happy to help you.