What is competition?

Competition is a competition that takes place on the same stage in order to achieve a determined end.

Business law perceives it as a situation of economic competition that takes place on the same market in order to achieve a specific economic end, that is to say the conquest and retention of customers.

Competition is characterized by the offer of several distinct companies of product or service, addressed to a common public, with for the companies a reciprocal chance to gain or lose the favors of the customers.

Competition law therefore governs the rules that apply to companies in their activities on the market. These rules aim to regulate the economic competition of companies, so that it is not excessive, but rather optimized in such a way as to contribute to economic development.

Some companies sometimes prefer to commit criminal acts or prohibited practices, thus exceeding the requirements of competition law, very often to the detriment of other companies.

Anti-competitive business practices

Agreements

Agreements, which are agreements entered into by companies to adopt a collective order of behavior by limiting their freedom of action and decision, but while safeguarding their legal identity and economic independence.
Common examples include: price-fixing, production limit and control, discriminatory practices, concerted action in bidding for public contracts…

Cartels are prohibited practices! Companies that participate in cartels may be subject to penalties provided for by the bodies responsible for repressing anti-competitive acts, depending on their geographical location.

However, agreements can be exempted from sanctions when they contribute to economic development, for example.

Abuse of a dominant position

Abuse of a dominant position, which consists of a company misusing its dominant position, in particular to:

• Imposing buying and selling prices.
• Charging abusively high prices.
• Conditioning the conclusion of contracts with partners by imposing on them additional services that have no connection with the contract, or by applying unequal conditions to them for equivalent services, etc.

Our legal advice services in competition law

In the event that your company is the victim of acts of unfair competition, and the loss of customers ensues, spontaneously leading to a drop in turnover and other inconveniences, contact us!

We make every effort to restore the image of your company. We act with a view to obtaining an order from the defendant to cease his unfair behavior, complete compensation pure and simple for the damage caused to your company, payment of damages, etc.

Counterfeiting

Counterfeiting or action for counterfeiting is imitation, copying, reproduction and even piracy, but more the illicit exploitation of an exclusive right, that is to say without the authorization of the person who owns said right.

Also provided for by intellectual property law, counterfeiting is a practice also clearly prohibited by competition law, a practice which consists of a natural or legal person taking advantage of the success of a brand without the knowledge of its owner, thus reaping significant undue profits, to the detriment of the legal owner, who generates losses, which are also not negligible.

The cases of counterfeiting are many and varied, and could even be the subject of confusion. When you have a doubt, whether it is small or insignificant, we invite you to consult our experts because it could be a case of infringement action.

Unfair competition

Competition is itself a healthy, normal and useful situation, however, it becomes problematic when unfair processes intervene in its application.

The purpose of our presence with companies is the preservation of their particular interests. Indeed, firms can be victims of practices or acts contrary to honest practices in the exercise of industrial or commercial activities. It could be:

Public deception and backbiting of another’s business or activities

Deception is an act or practice of unfair competition. It consists of misleading the public about the activities of a company, or the products and services it offers.

It can be several things:

• The manufacturing processes of a product.
• The ability of a product or service to be effective.
• The quantity.
• The quality or characteristics of a product or service.
• How a product is made or how a service is provided.
• The price of a product or service.
• …

We are committed to reconciling you with your customers.

Gossip is any false allegation in the exercise of industrial or commercial activity. It discredits or is likely to discredit the business of others or its activities, in particular the products and services offered by it.

Slander or denigration may result either from advertising or promotion and relate to the elements mentioned above.

It is a question of one case as in the other to restore the image of your company, and if necessary to repair the damage suffered.

Disorganization

It can be here either an internal disorganization of the company aiming among others: the revelation of a secret, espionage, misappropriation of files, etc. Either from an external disorganization, in particular the removal of the competitor’s advertising panels, the diversion of orders, etc.

If you suffer a crime of disorganization, let us know your problems, we will put the machine in motion. We will accompany you to protect your interests and win your case in court.

Damage to the notoriety and image of another’s business

It is any act or practice that is intended to tarnish the reputation or image of the company of others.

The elements constituting this act of unfair competition may be linked to a registered or unregistered trademark, a trade name, a characteristic sign of the company, a product or a service, etc.

The competition law specialists at Legal Advice Club work to clean up the affront to your company’s image. They have the expertise and experience required in this type of issue.

Parasiticism

It is the posture of a company which consists in taking advantage of the success and notoriety of another company, in order to take unfair advantage of it.

Indeed, a company aware of its shortcomings can turn into a parasite vis-à-vis another company in order to make a profit. This parasitism consists for the parasitic company to use for its own account the success, the notoriety and the investments of any kind of the parasitized company.

If you are a victim of this practice, whether it concerns a designation or any other aspect of your business, do not procrastinate any longer, contact us! We attach great importance to this question, because the success of your activities and even the survival of your business depends on it.

Whatever the cases of unfair competition, parasitism or infringement action, we have experts to best respond to all your different concerns.

We take care of the observation of the infringements, and we assure you an efficient follow-up during all the procedure with the summary court taking into account the slowness of the normal procedure.