In France, the action for unfair competition is based on the civil aquilian responsability (Articles 1382 and 1383 of the French Civil Code).
According to the common right, the responsability of the author of the damage is involved only if the following three conditions are met:
1. The author of the damage must have commited a fault.
2. The victim must have suffered from a damage, which might be only moral.
3. The causalty relation between the fault and the damage must be proved.
The acts can be considered as faulty when the author of the damage and the victim are in competition.