Unfair competition, like any action realized by market participants in the competition process, that is contrary to honest practices in economic activity, implies different damages. Action in unfair competition provides an effective mechanism for protecting rights deriving from unfair competition. Action in unfair competition is a special, disciplinary and real tort action. A precondition for action in unfair competition is that the act generating liability must be an act of competition - an act committed in a competition relationship, which means that the parties must be traders, address to the same clients or their field of activity is identical or similar. The present study also includes the analysis of the action in unfair competition as: a action that stopps the disorder, action for damages.