Principle

Unfair business practices are “a set of unlawful competition practices in breach of the law and the general usages of commerce, leading either to intentional or non-intentional fault resulting in a prejudice for the competitors”. (Professor Azema).

There are many forms of unfair business practices such as economic parasitism, illegal imitation, sales of comparable goods at a lower price, denigration of a competitor and/or its products, staff poaching, disruption of a competitor’s network …

Unfair business practices can also be used in support of more specific actions such as counterfeit and false advertising.

Our means : the company’s current situation with what would be a “normal” situation.

For the harmed company, unfair competition leads to:

• A loss in market shares and a drop in sales
  
  This drop in sales is assessed by comparing the company’s actual sales with the ones it could have achieved in the absence of damaging practices, taking into account its market position, its past achievements - both in value and growth rate - as well as its competitors’ results.
  
  The evaluation of this loss in market shares requires:
  • A competitive analysis both of the market and of the company’s positioning on its market;
  • An analysis of the passed evolution of its market shares
  • A projection of its market shares in the future.

• Additional costs: advertising, R&D, legal expenses…

Results

 Drawing up a strategic and financial report endorsing the argumentation of our client’s legal advisors
 Appropriate response to the arguments given by the adverse party
 Legal counselling of our client during all proceedings (experts reports, courts of law…)

We helped them :

 LVMH c/ Morgan Stanley, Astrazeneca c/ Glaxo Smith Kline, Amgen c/ Laboratoires Roche