Unfair competition
Unfair competition: ¢50M in claims released
A competitor claimed ¢50M for acts of unfair competition. The defence separated legitimate commercial conduct from the alleged damage and challenged the lack of evidence linking the two.
The dispute
The claim mixed aggressive market practices with alleged unfair acts, without specifying which rule had been breached in each case.
What was at stake
¢50M and the freedom to compete: if the tribunal accepted the argument, any commercial campaign could become a claim.
The strategy
Precision on the alleged acts was required, and it was shown that commercial decisions responded to market conditions. On damage, the calculation basis and the absence of causation were challenged.
The outcome
The company was released from the claims.
Unfair competition requires an act, damage and causation. When one is missing, the claim becomes an argument about prices rather than law.