Unfair competition

Unfair Competition Investigation – ABAC Detective Paris, Nice, and Cannes

In accordance with the principle of the freedom of commerce, many economic entities resort to unfair competition to gain access to new markets. Is your company a victim of such an unlawful act? According to the Civil Code, you have the right to seek legal recourse for the damages suffered. To guide you through this legal process, ABAC Detective offers professional services in Paris, Nice, and Cannes.

What Does French Law Say About Unfair Competition?

Unfair competition is defined as a collection of fraudulent actions conducted by an economic entity to gain new clients or new markets. This can occur, for example, when a company employs illegal methods to try to capture the clientele of a direct competitor.

In both European and French law, the legal framework for unfair competition is governed by the Civil Code. Article 1382 of this code declares that all actions aimed at abusing the right to free competition are punishable. According to this legislation, an act of unfair competition can take various forms depending on the circumstances:

  • the fault (committed by imprudence),
  • the denigration with the intent to discredit a direct competitor (company or person),
  • the disruption (client diversion, disclosure of secrets),
  • parasitism,
  • imitation or confusion (using a distinctive sign similar to that of a competitor).

The French Civil Code mandates that any company responsible for such illegal actions must pay damages and compensation for the harm caused. To this end, the law grants the victim company the right to approach a competent judicial authority.

ABAC Détective Paris



Unfair Competition: What Evidence is Needed to File a Complaint?

While filing a complaint for an act of unfair competition is possible, it is not as straightforward as one might assume. Is your company a victim of an act of unfair competition? To engage a competent court, you must provide concrete evidence of three primary elements: the fault, the harm, and the causal link.

Indeed, initiating a legal procedure requires the existence of a fault committed by a company against a direct competitor. This fault encompasses all dishonest or fraudulent actions mentioned above: imitation, parasitism, disruption, and more. As the victim, you must provide the proof that the defendant has genuinely committed one of these faults to succeed in establishing an admissible case.

Moreover, you must provide evidence of the harm caused to your company. For acceptance by a competent jurisdiction, your case must be complemented by the proof of the causal link. These are the elements that establish the relationship between the defendant’s fault and the damage suffered by your company. Without one of these three categories of proof, taking legal action against the offending company will be impossible.

ABAC Detective: Specialists in Unfair Competition Investigations

Do you wish to file a complaint for an act of unfair competition against your company? To find a private investigator in Paris, Nice, or Cannes, ABAC agency assists you in the search for evidence to build your case. Our mission is to conduct a comprehensive investigation to help you obtain irrefutable evidence. To achieve this goal, our team employs various methods such as surveillance, infiltration, and digital monitoring. Depending on the extent of the investigation, we may also use legally compliant listening devices and GPS tracking.

All of this enables us to obtain concrete information to better establish the facts. Depending on the situation, we can extend the search regionally or even internationally to build a dossier of admissible evidence for the courts. Therefore, do not hesitate to contact our agency in Paris or Nice to benefit from our expertise and put an end to the unfair competition you are facing.

Source: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006438819/1804-02-19

Find the answers to the questions you ask yourself regarding the unfair competition

How is an investigation for customer embezzlement carried out?
Unfair competition: how do you know if it exists?