Unfair Competition, Competition Law and Advertising

Unfair Competition, Competition Law and Advertising: Protect Your Business and Your Trade mark

PADIMA specialises in industrial property and offers comprehensive advice on unfair competition, antitrust and advertising. We can help you prevent and address unfair practices that could damage your business, ensure compliance with competition regulations and make sure your advertising is both lawful and effective. Protect your reputation, market share and investment in your trade marks with the support of our team of experts.

Unfair Competition: combating illegal practices

What is considered Unfair Competition?

Unfair competition refers to business practices that violate principles of good faith and fair practice, thereby distorting free competition in the market. PADIMA provides guidance on how to identify and respond to unfair competition, protecting both your interests and those of your company.

Examples of Unfair Competition: This helps users better understand what unfair competition is and whether it affects them.

Some common examples of unfair competition include:

• Acts of imitation or confusion: unfairly imitating or creating confusion with a competitor’s activity, services, or establishment.
• Exploitation of another’s reputation: taking unfair advantage of a competitor’s reputation.
• Misappropriation of trade secrets: disclosing or using other people’s trade secrets
• Misleading practices: misleading consumers about the characteristics of products or services.
• Denigrating practices: undermining the image of a competitor.
• Unfair comparison: comparing products or services in a misleading or disparaging manner, outside the scope of comparative advertising.

Competition/Antitrust: Regulatory Compliance and Sanction

Competition/Antitrust Regulations

Antitrust regulations seek to guarantee free market competition by preventing restrictive practices and abuses of dominant positions that may harm consumers and other businesses. PADIMA can advise you on how to comply with competition law and avoid potential sanctions or litigation.

Practices Prohibited by the Antitrust Law:

The Competition/Antitrust Law prohibits, among others, the following practices:

• Agreements restricting competition: agreements between companies to fix prices, limit production or divide markets.
• Abuse of dominant position: actions by companies with a dominant market position aimed at excluding competitors or imposing abusive conditions.
• Unlawful economic concentrations: mergers or acquisitions that may hinder competition.

Lawful Advertising and Regulatory Compliance in Advertising

Requirements for Lawful Advertising

Advertising must be lawful, truthful, honest, and fair. Advertising regulations establish clear requirements to protect consumers and ensure fair competition among businesses. PADIMA can advise you on how to ensure that your advertising campaigns comply with current legislation and respect fair competition principles.

Types of Unlawful Advertising:

Unlawful advertising includes, but is not limited to:

• Misleading advertising: misleads consumers.
• Unfair advertising: damages a competitor’s image or takes unfair advantage of their reputation.
• Aggressive advertising: harasses, coerces or manipulates consumers.
• Subliminal advertising: influences the target audience unconsciously.
• Discriminatory advertising: undermines people’s dignity or violates the values and rights recognised in the Constitution.

How can PADIMA help you with Competition and Advertising?

• Preventive advice on Unfair Competition: helping you identify risks and implement measures to prevent unfair business practices.
• Defence against Unfair Competition claims: representing and defending your interests in legal proceedings related to unfair competition.
• Regulatory Compliance Audit in Antitrust Compliance: reviewing your business practices to ensure full compliance with applicable competition regulations.
• Advice on the Design and Review of Advertising Campaigns: verifying that your advertising materials are lawful and compliant with current regulations.
• Defence against Advertising Claims and Sanctions: representing you in administrative and legal proceedings related to advertising.
• Competition and Advertising Training for Your Team: providing tailored training sessions for your team to promote regulatory awareness and prevent risky practices.

Do you need to protect your business from unfair competition, ensure regulatory compliance, or review the legality of your advertising? Contact us.