Lawyer - Unfair competition

Unfair competition can deal a severe blow to a company's business, damaging its reputation, diverting customers, disorganising teams or even slavishly imitating your products or services. When such a situation arises, it is essential to react quickly and methodically.

Solent Avocats works alongside companies and their directors to prevent, identify, qualify and put a stop to all forms of unfair competition, including parasitic commercial practices and behaviour that undermines their brand name, image or clientele. We also support companies involved in this type of litigation, providing a rigorous defence tailored to the contractual, competitive or reputational issues involved.

Based in Marseille, our law firm is regularly involved in business law, commercial litigation and legal proceedings relating to unfair competition. Our approach is pragmatic, focused on effective solutions and practical risk management. Recognised for our technical rigour and our ability to pass on legal information, we combine litigation expertise with regulatory monitoring and education.

Understanding unfair competition

The definition of unfair competition refers to unfair behaviour which, without necessarily violating a written rule, disturbs competition and causes damage to a company. The action is based on article 1240 of the French Civil Code, which makes the perpetrator liable.

The most common forms of unfair competition include :

• Denigration of a competitor or product.

• Commercial parasitism, or the abusive use of the efforts and investments of a third party.

• Internal disorganisation by poaching employees, capturing confidential information or deliberately creating confusion in the minds of customers.

Our team can help you gather evidence, build a solid case and demonstrate the imitation or misuse of a protected element. Even in the absence of a non-competition clause, it is possible to take legal action if free competition is abused to the detriment of a competitor.

Putting a stop to an attack on your business

A company that has been the victim of an infringement can take immediate action, by means of a formal notice or summary proceedings, to obtain a ban on the acts in question. These actions can also be used to protect customers or avoid a lasting risk of confusion.

The measures to be taken are varied:

• Legal action before the competent commercial court.

• Claim for damages, including interest and possible publication in court.

• Intervention of a bailiff to record the contentious acts.

Our firm will be with you every step of the way, from evidential strategy to defending your rights in court.

Defending yourself against accusations of unfair competition

Being sued for unfair competition can result in heavy penalties: bans, fines, damage to reputation. It can also result from a dispute with a former employee, a partner or a competitor.

Our work covers in particular:

• Analysis of whether the conduct in question complies with competition rules.

• A study of recent case law and the intellectual property involved.

• Strategic defence, particularly in the event of infringement proceedings or breach of an employment contract containing a non-competition clause.

We also represent companies before the Court of Appeal, including the Paris Court of Appeal, in complex disputes and technical litigation.

Mistakes to avoid when faced with unfair competition

Certain mistakes are frequently made:

• Ignoring a legal or contractual commitment made by a former employee (e.g. non-competition clause).

• Failing to give formal notice to an employee or a competitor in good time.

• Wait for unfair use to become established before taking action.

We intervene to help prevent these situations, take advantage of the existing legal framework and effectively defend your rights.

Why call on Solent Avocats?

Our firm has recognised expertise in unfair competition and parasite law, and regularly assists commercial companies faced with unfair acts, both as plaintiff and defendant.

Our method is based on :

• Analysis of the specific needs of each company.

• Activating the appropriate procedures in property and intellectual property law.

• Tailor-made support: internal or external, amicable or contentious.

We also intervene in sensitive contexts where what is at stake is the protection of know-how or a distinctive product, or the reaction to comparative advertising that contravenes the rules in force.

Our mission: to support you over the long term, with rigour, anticipation and strategy.