Unfair competition is a scourge for the company that suffers it. Any company, whatever its size, may be the victim of acts of unfair competition by a competitor, an employee, a former employee, a partner or the manager of the company.
It is important to quickly detect and prove unfair competition. This avoids, a big loss of turnover. Although unfair competition does not have a proper law, the Civil Code allows for the sanction of the perpetrator or perpetrators of acts of unfair competition.
All of the Agencies and Private Detectives of the Prometheus Group specializes in the search for evidence in the utmost compliance with the laws and regulations in force.
Our investigations are admissible before the competent courts.
Unfair competition is a set of competitive processes whose nature is contrary to the law or to practice. It is characterized by fault and causing prejudice to one or more competitors.
While a principle of constitutional value has long been accepted in the form of freedom of trade and industry (the principle by which the clientele does not belong to anyone), the means used to seduce them are not entirely free.
Thus, in addition to specific rules that prohibit certain conduct harmful to competition, the courts have drawn on the basis of the principles of civil liability the limits that trade loyalty imposes. Thus, unfair competition suppresses abuse in the freedom to undertake. It is a projection of the law of liability on market law.
According to Article 1240 of the Civil Code: “Any act of man, which causes harm to others, obliges the one by the fault of which he arrived, to repair it”
Denigration is the act of publicly discrediting a company’s products or services to profit from them.
Be careful not to confuse with defamation which relates to an offence committed by an individual and which must be prosecuted on the basis of section 29 of the Freedom of the Press Act of 1881.
Disorganization is a process of capturing customers that can be characterized by the debauching of employees, the diversion of customers, or the disclosure of secrets.
Parasitism is characterized by a behaviour by which a person, physical or moral, interferes in the wake of another to take advantage of his know-how or notoriety. There are many advantages that can lead an economic agent to parasitism: less material and intellectual investment, time savings, limited risk-taking.
Confusion is a violation of the protection of a trademark or domain name caused by the more or less pronounced imitation of visual and textual signs.
Confusion allows them to be recognized, and remains sufficient to create confusion in the mind of the potential consumer or customer.
It can be worn on a distinctive sign, such as packaging, signage, advertising, color, domain name, or even a label.
The fault is characterized by one of the four cases mentioned above. The fault is usually determined by a private investigator.
In the case of unfair competition, the harm must be demonstrated.
The nature of the injury is characterized by loss of customer base and profits, i.e. a loss of turnover. The damage can also be linked to your company’s brand image by massive denigration.
A case law states that “evidence must be made that the act of unfair competition criticised is tainted by a fault characterized by unfair practices justifying reparation if the result is prejudice”
The causal link must be obvious, the harm suffered must have been caused only by the fault of others.
Causality is essential to carry out legal action.
To take legal action, it must have an interest in taking action and that must exist at the time the legal action is taken.
The interest must be legitimate and personal. The economic person who can act is the professional against whom the unfair acts are directed.
The competent jurisdiction depends on the type of Unfair Competition.
Between two companies, the Commercial Court will have jurisdiction. If unfair competition is due to an employee or ex-employee, the Council of Practitioners will be competent.
It should be noted that it is possible to rely on an employee’s duty of loyalty during the performance of his employment contract but also after the breach of contract on the basis of the non-competition clause,if it exists.
When it comes to unfair competition, the detective’s job will be:
Generally, the private dective in charge of your investigation will pre-unite:
An investigation report will be provided for your board to obtain a request order. After that, your counsel will take legal action before the competent court.
The main forms of compensation for injury are damages (including the costs of a bailiff, a private investigator).
If the employee is still bound by an employment contract: the fault may result in the dismissal of the employee.
In the event of debauching, the new employer may, under certain conditions, be jointly condemned to repair the damage.
The appointment is made by a licensed private investigator of the Prometheus Group:
This appointment is neither paid nor time-limited.
The private investigator will take the time necessary to listen to you in order to gather all the information necessary to put in place a strategy tailored to your needs.
The strategy will be offered to you based on the information received,the type of mission and the location where it should be carried out.
However, the strategy will be:
This strategy will be offered to you via a mission mandate containing different otpions.
Once the proposed warrant has been duly signed, the private investigator assigned to your investigation will work with you to:
Then the mission will be carried out in accordance with the laws in force. During the mission, the private investigator responsible for carrying out the mission will keep you informed of the progress of the mission.
An investigation report will be provided at the end of the mission.
That will be:
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