Damages are recoverable only if there is fault on the part of the person who has committed unfair competition subject to the general rules on tort. Damages may be material and, in exceptional cases, immaterial. Accordingly there must be damage or loss of profitssuffered by the plaintiff and an adequate relation of causality between the act and damages (or loss) and in any case the plaintiff claiming compensation has to prove damages.

The kind of civil action allowed for unfair competition depends on the existence of fault by the person committing unfair competition. In cases where there is no fault, one can only bring actions for declaratory relief, prohibitory actions, or for the restitution of an unlawful situation. But if fault exists, in addition to those causes of action already cited, actions to recover material and/or immaterial damages are allowed and the court may order for the claimant “the equivalent of what the defendant may have obtained if there had not been unfair competition”.

The correct answer is A.