Freedom of competition is a necessary and evident tenet in commercial relations. However, freedom of competition doesn’t permit companies to make use of unfair methods to harm a competitor, for instance, by diverting their clientele.
Among the most well-known unfair practices, we can mention disparagement, confusion, disruption, and free riding.
To establish the existence of such a practice, it is needed to prove that the competitor has committed a fault, caused damage, and that there is a causal link between the two.
In this context, the victim must commission a specialized firm to carry out preliminary investigations before initiating legal proceedings.
The lawyer, using the investigation report, will draft and submit a request (Article 145 of the Civil Procedure Code) to obtain an order authorizing direct investigations at the competitor’s premises through the intervention of a bailiff, an expert and law enforcement.
Then, legal proceedings will be initiated, the goal being to condemn the perpetrators of these acts.