What is unfair competition?
Unfair competition refers to dishonest or abusive business practices by which a company tries to gain an undue advantage over its competitors. These practices are against the law and can result in legal actions by the aggrieved companies. The main acts constituting unfair competition include:
- Denigration: Spreading false or misleading information to harm a competitor’s reputation.
- Imitation: Copying a competitor’s products, distinctive signs (such as trademarks or logos), or processes in a way that misleads the public.
- Parasitism: Unduly benefiting from the reputation or efforts of another company without making one’s own efforts or investments, thus appropriating advantages without giving anything in return.
- Disorganization: Diverting customers, employees, or industrial secrets from a competitor by unfair means.
- Confusion: Creating confusion with a competing company by using means likely to mislead consumers about the origin of products or services.
Who has the right to conduct an investigation in the case of unfair competition?
The head of a company can freely initiate an investigation into unfair competition whenever deemed necessary.
What are the possible interventions of a detective in an unfair competition case?
To provide evidence in an unfair competition case, a private detective can conduct several types of investigations. Initially, an administrative investigation can be carried out to identify the malicious competitors. Subsequently, field investigations such as surveillance, tailing, and collecting testimonies can be implemented. The private detective operates legally and holds accreditation, allowing the evidence collected to be used before the competent jurisdiction.
Moreover, recent jurisprudential developments in the area of unfair competition expand the possibilities for private detective interventions (see “La remise en question des moyens de preuves en matière de concurrence déloyale“). However, these investigations can be perilous due to the difficulty in proving such unfair practices. The private detective must act with caution to ensure compliance with the principles of legality and fairness.
Why hire a private detective to handle an investigation in an unfair competition case?
The primary benefit of hiring a detective in an unfair competition case is to stop the wrongdoers’ actions with a judgment issued by a judge. The evidence provided can support an unfair competition case or a request for an order before the commercial judge. The private detective’s investigation may also, in some cases, lead to a criminal investigation.
What is the cost of hiring a detective for an unfair competition case?
These are the most technical and complex cases. Fees are adjusted based on the time spent and the specifics of each case. As an indication, we generally offer flat rates for this type of situation. If only a few hours are needed, the agency charges by the hour (€80 excluding VAT).
Quotes and video conference appointments are free. Feel free to contact us for a precise quote tailored to your needs (see “Rates“).
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