What is unfair competition (oneerlijke concurrentie) under Dutch law?

Dutch term: Oneerlijke mededinging | Legal basis: Article 6:162 BW

Unfair competition under Dutch law is primarily addressed through the general tort provision of article 6:162 of the Dutch Civil Code (onrechtmatige daad). There is no separate unfair competition statute. Specific forms of unfair competition are regulated by the Trade Practices Act (for misleading advertising and unfair commercial practices) and by intellectual property statutes.

Common examples of actionable unfair competition include slavish imitation of a competitor's product (slaafse nabootsing), misleading comparative advertising, systematic poaching of employees or customers, misuse of trade secrets, and parasitic behaviour that exploits the goodwill or market position of a competitor without justification.

Why it matters for international businesses

For international businesses facing unfair competitive practices by Dutch competitors or facing accusations of unfair competition themselves, the tort-based approach means that each case turns on its specific facts and the court's assessment of what constitutes reasonable competitive behaviour.