Unfair competition

Unfair competition

How PROCAP DETECTIVE can help you

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We seek and establish evidence of unfair competition so that you can take legal action and effectively defend your interests

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Do you suspect a company or natural person of unfair competition? Are you the victim of unfair practices by a partner, an employee, an employee, a competitor or an ad hoc group? The agency PROCAP DETECTIVE is competent to help you in the establishment of the material elements constituting unfair competition. Our techniques, processes and know-how in the field of evidence administration, are a strong lever for success in your procedure.

 

Unfair competition refers to abusive practices, behaviours or acts of an undertaking vis-à-vis another, causing prejudice and contrary to the principle of loyalty, which should animate a healthy relationship between competing economic actors. It is most often an illegal action committed by a competitor that harms another company belonging to the same sector of activity (competitive link), causing it economic damage (loss of turnover) or reputation (deterioration in value).

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Over time, legislation and case law have identified a pattern of unfair competition. These are called unfair practices: "denigration", "disorganization", imitation", "confusion", "parasitism", "non-compliance with a non-competition clause", "complicity in non-compliance with a non-competition clause", "unlawful poaching of an employee", "misappropriation of customers"...

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Although attached to the field of competition law, the legal basis of unfair competition is derived from civil law and is based on "tort liability" transposed to the commercial field. Unfair competition is essentially based on Article 1240 of the Civil Code, which provides: "Any act of man, which causes damage to others, obliges the one by whose fault he has succeeded in repairing it." It exposes its author to a conviction in compensation for the damage caused and to the payment of damages.

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As accredited private detectives, we have the necessary legal, methodological and technical skills that will help you in the realization of the facts of unfair competition, in a way that respects the rules of law for a solid and assured result.

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This can lead to:

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• Identify and gather, in a discreet and legal manner, evidence of unfair competition or any abusive practices.

• Identify the author(s) and determine the underlying operating procedures.

• Seek elements of individual participation in acts of unfair competition, harmful unlawful cartels or anti-competitive or fraudulent actions.

• Draw up circumstantial reports of illegal travel, meetings, appointments, agreements or dealings.

• Preparation and organization of the intervention of a justice commissioner (bailiff’s statement, interpellative summons).

• Provision of evidence for a preliminary request (Art. 145 of the Code of Civil Procedure).

 

Our investigations in unfair competition proceedings are carried out with absolute discretion and are sanctioned by the submission of a detailed report, which can be used in court to support your request, for civil and criminal legal action.