Any behaviour or commercial practice that is misleading or otherwise contravenes the rules of good faith and which affects the relationship between competitors or between suppliers and customers is unfair and unlawful.

¹ Acts in an unfair manner that, in particular:

A.

Denigrating others, its goods, works, services, prices or cases by inaccurate, misleading or unnecessarily offensive allegations;

B. ¹

Gives incorrect or misleading information about himself, his business, his trade reason, goods, works, benefits, prices, stocks, methods of sale or business or who, by such allegations, advantage Third parties in relation to their competitors;

C.

Carries or uses incorrect professional titles or names, which are likely to cause specific distinctions or abilities to be believed;

D.

Takes measures which are likely to give rise to confusion with the goods, works, services or the affairs of others;

E.

Compares, in an inaccurate, misleading, unnecessarily offensive or parasitic manner, his or her person, goods, works, benefits or prices with those of a competitor or who, through such comparisons, benefit third parties from the Their competitors;

F.

Offers, in a repeated manner, below their cost price, a choice of goods, works or services and makes this offer particularly in value in its advertising, thereby deceiving customers on its own or those of its own Competitors; deception is presumed where the selling price is less than the cost for comparable purchases of goods, works or benefits of the same nature; if the defendant can establish the cost effective, the price is Determining for judgment;

G.

Deceiving, through premiums, customers on the effective value of their offer;

H.

Hampering the freedom of decision-making of customers by using particularly aggressive methods of sale;

I.

Deceives customers by illusions about the quality, quantity, potential for use, the usefulness of goods, works or performances, or the dangers they present;

K. ²

Omit, in public consumer credit announcements, a clear designation of its business purpose, or a clear indication of the net amount of the credit, the total cost of the credit, and the annual percentage rate of charge;

L. ³

Omit, in public announcements relating to consumer credit for goods or services, a clear designation of the reason for the sale of the goods or services, or a clear indication of the selling price by cash, the selling price Resulting from the credit agreement and the annual percentage rate of charge;

M. ⁴

Offers or concludes, in the course of a professional activity, a consumer credit agreement using contract forms which contain incomplete or inaccurate particulars on the subject-matter of the contract, the price, the conditions of Payment, the duration of the contract, the right of revocation or denunciation of the customer or the right of the customer to pay the balance in advance;

N. ⁵

Omits in public announcements regarding consumer credit (let. K) or consumer credit for goods or services (let. (l) to point out that the granting of credit is prohibited if it results in the over-indebtedness of the consumer;

O. ⁶

Send or cause to be sent, by means of telecommunication, mass advertising which has no direct connection with the information requested and fails to require prior consent of the customers, to correctly mention the issuer or to inform them Of their right to oppose it free of charge and easily; the person who obtained the contact details of his customers during the sale of goods, works or services and indicated to them that they could oppose the sending of mass advertising by means of Does not act in an unfair manner if it addresses such advertising without them Consent, provided that such advertising relates to goods, works and similar benefits;

P. ⁷

Advertising by means of offer forms, correction proposals or other means, for the registration in directories of any kind or for the publication of advertisements, or proposes directly that registration or this Publication, without mentioning the following in large print, in a prominent place and in understandable language:

1.

The costly and private nature of the offer,

2.

The duration of the contract,

3.

The total price for the duration of the contract,

4.

The geographical distribution, form, minimum circulation and the deadline for the publication of the directory or announcement;

Q. ⁸

Sends invoices for listing in directories of any nature or publication of ads without having received the warrant;

R. ⁹

Orders the delivery of goods, the distribution of premiums, or the granting of other benefits under conditions whose benefit to the recipient depends primarily on the recruitment of other persons rather than on the sale or use of Goods or services (snowball, avalanche or pyramid system);

S. ¹⁰

Proposes goods, works or benefits by means of electronic commerce without fulfilling the following conditions:

1.

Clearly and comprehensively indicate his/her identity and contact address, including e-mail,

2.

Indicate the various technical steps leading to the conclusion of a contract,

3.

Provide the appropriate technical tools to detect and correct input errors prior to sending an order,

4.

Confirm the customer's order by e-mail without delay;

T. ¹¹

In the course of a contest or drawing of lots, promises a gain whose validation is related to the use of a value added service number, to the payment of compensation for expenses, to the purchase of a good or service, to the Participation in a commercial event or an advertising trip or participation in another draw;

U. ¹²

Does not respect the notation in the directory indicating that a customer does not wish to receive third-party advertising messages and that the data concerning them cannot be communicated for direct advertising purposes.

² L' al. 1, let. S, does not apply to voice telephony and contracts concluded only by the exchange of e-mails or similar means of communication. ¹³

Acts in an unfair manner that, in particular:

A.

Induces a customer to terminate a contract with a view to concluding another contract with the customer;

B. ¹

...

C.

Induces workers, agents or auxiliaries to betray or overtake manufacturing or business secrets of their employer or principal;

D. ²

Induces a consumer who has entered into a consumer credit agreement to revoke that contract to enter into such a contract with the consumer.

¹ Acts in an unfair manner that:

A.

Have offered, promised or granted an unfair advantage to an employee, partner, agent or other auxiliary of a third party in the private sector, in favour of that person or in favour of a third party, for the performance or omission of an act in relation to his or her Professional or commercial activity that is contrary to his or her duties or is dependent on his or her ability to enjoy;

B. ²

As an employee, as an associate, as an agent or as another auxiliary of one third of the private sector, has sought, has been promised or will have accepted, in his favour or in favour of a third party, an unfair advantage for the performance or The omission of an act in relation to its professional or commercial activity and which is contrary to its duties or is dependent on its discretion.

² There are no undue benefits to those who have agreed on a contract basis as well as those who, of minor importance, are in conformity with social practices.

Acts in an unfair manner that, in particular:

A.

Exploits the result of a job that has been entrusted to it, such as offers, calculations or plans;

B.

Exploits the result of the work of a third party, for example offers, calculations or plans, although he knows that the result has been given or made inappropriately accessible to him;

C.

Uses technical methods of reproduction and without sacrifice corresponding to the work result of a third party ready to be placed on the market and exploits it as such.

Acts in an unfair manner which, in particular, exploits or discloses manufacturing or business secrets which it has surprised or otherwise improperly met.

Acts in an unfair manner which, in particular, does not observe the conditions of legal or contractual work which are also imposed on competition or which are in conformity with professional or local practices.

Acts in an unfair manner which, in particular, uses general conditions which, contrary to the rules of good faith, provide, to the detriment of the consumer, a significant and unjustified disproportion between rights and obligations Resulting from the contract.

¹ A person who, through an act of unfair competition, suffers an infringement in his or her clientele, credit or professional reputation, business or economic interests in general or that threatened, may ask the judge to:

A.

Prohibit it, if it is imminent;

B.

To stop it, if it still lasts;

C.

To observe the unlawful nature of the disorder, if the disorder which it has created remains.

² In particular, it may request that a correction or judgment be communicated to third parties or published.

³ It may also, in accordance with the code of obligations ² , to sue for damages and compensation for moral damage, as well as to demand the remission of the gain in accordance with the provisions on business management.

¹ Actions under s. 9 may also be brought by customers whose economic interests are threatened or injured by an act of unfair competition.

² Actions under s. 9, para. 1 and 2 may also be initiated by:

A.

Professional associations and economic associations that their statutes allow to defend the economic interests of their members;

B.

Organizations of national or regional significance that are statutorily dedicated to consumer protection;

C. ²

...

³ Actions under s. 9, para. 1 and 2 may also be instituted by the Confederation if it deems it necessary for the protection of the public interest, in particular in the following cases:

A.

The reputation of Switzerland abroad is threatened or affected, and persons whose economic interests are affected are resident abroad;

B.

The interests of several persons, the interests of a group of persons belonging to an economic sector or other collective interests are threatened or affected. ³

⁴ Where the protection of the public interest so requires, the Federal Council may inform the public of the unfair practices of a company by name. When there is no longer a public interest, the communications in question are deleted. ⁴

⁵ Where an action is brought by the Confederation, this Law shall be applicable in a peremptory manner in accordance with Art. 18 of the Federal Law of 18 December 1987 on private international law ⁵ . ⁶

Where the act of unfair competition has been committed by a worker or by another helper in the performance of his or her work, the actions provided for in Art. 9, para. 1 and 2 may also be brought against the employer.

¹ The judge may require the advertiser to provide evidence concerning the material accuracy of the fact data contained in the advertisement if, taking into account the legitimate interests of the advertiser and any other party to the proceedings, such a requirement Appears appropriate in this case.

² ... ²