Why is it useful to turn to an investigation agency in case of suspected unfair competition, against the interests of the company or professional firm?
Knowing what's happening is very important, as well as identifying the causes and those behind these events. Adding unfair competition evidence before the judge or the Authority for Competition and the Market, moreover, is crucial to get justice
The private investigator, when is called up to investigate a suspected case, first of all works to identify the causes and those behind the events. Meanwhile, he provides appropriate unchallengeable evidence, useful to figure out the type of crime. His main goal is to verify whether the injuring entrepreneur and its emissaries have violated article 2598 of the Civil Code and, in the event, in which terms.
According to article 2598 c.c. unfair competition is the use of illicit techniques, practices, behaviours and means to get an advantage over direct competitors, within a specific market segment. Unfortunately, unfair competition is an increasingly widespread phenomenon, that can occur in many forms.
The law defines as unfair competition the practice of those who, by using names or distinctive signs legitimately used by others, create confusion on the market. Unfair competition is also: the slavish imitation of a competitor's products; the performance, with any other mean, of acts liable to create confusion with the products and/or activity of a competitor. It's unfair to spread defeatist rumours able to discredit a company or adopt the qualities of a competitor's product or business. It's a crime to damage someone else's company by directly or indirectly making use of means that do not comply with principles of professional correctness.
These are two among the most widespread unfair competition practices. Dumping is the sale of a product below its cost, and this happen with the only aim of eliminating the competitors. The employee appropriation occurs, instead, when an entrepreneur wants to take one or more employees of a company, at the end of a collaboration contract. For example when a manufacturing company signed a contract with a commercial one, in this case, the employee appropriation might occur when, at the end of the contract, the manufacturing company "steals" the dealers of that commercial company, to set up a brand new sales network.
How to prevent these situations
You can contact the competent Court, to protect your company or, instead, lodging complaints to the Italian Competition Authorities. Based on the evidence submitted, appropriate sentences will be issued. The work of a private investigator together with you lawyer, may be useful to start examining the case and promptly set up a, adequate strategy in relation to the damage sustained. To provide for continuous good performance of the company, it is crucial to identify, as soon as possible, the perpetratorsand the motive.