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Unfair competition appears through several types of actions, including: free-riding, illegal imitation, product dumping, disparagement of a competitor or its products, disruption of a competitor’s network or marketing campaign, etc.
Compare a company’s actual and But-For situation:
- In terms of loss of market share and sales, taking into account its market position, its historical performance (value and growth) and its competitors’ performances. Estimating this loss in market share requires:
- A competitive analysis of the market and of the company within that market
- An analysis of the change in historical market share
- A forecast of future market share
- In terms of supplemental costs: additional advertising costs, R&D costs for new products, legal costs, etc.
- Upon request, write a report estimating the potential damage demanded by the victim directly resulting from the claims of unfair competition
- Prepare responses to opposing counsel arguments (representing defendants or plaintiffs)
- Assist the client during administrative or judicial proceedings