Services > Unfair Competition

Monitor fair play
in the market

Protect your business against unfair practices.

What is Unfair Competition?

We call unfair competition to all those acts or conducts able to affect the participation of a company in the market owing to acts that do not derive from its own efficiency, but which are originated by deceit, confusion, undue advantage of others’ reputations, business sabotage or other acts of unfair competition, which may be carried out by competitors.

Such acts may be carried out through advertising activities, mainly due to non-compliance with basic rules applicable to advertising, such as the principles of truthfulness, legality, loyalty and social appropriateness.

We combat unfair
competition
with:

1. Preventative counseling.

2. Implementation of regulation compliance
internal policies.

3. Legal defense in proceedings.

4. Training courses / sessions.

Questions?
We clear them up!

We know that understanding the regulations can be complicated, so we aim to make it simpler.

Yes, influencers must always declare their content is advertising if their comments or opinions have a consideration. Remember that failure to declare their content is advertising is a violation of the Principle of Authenticity, and that both you as the advertiser and the influencer may be sanctioned by the competent authority.

Yes, it is, but in the following cases:

  1. When offering for sale or declaring the existence or availability of products or services with third party (original) trademarks. It is also possible to declare the compatibility or suitability of spare parts or accessories usable with third-party brand products, provided that such uses are made in good faith, are limited to informing the general public and are not misleading as to the origin of the products or services.
  2. If the trademark appears as an accessory element, it is not used as a trademark and is not misleading.
  • In comparative advertising, provided that the information used complies with the following guidelines:
  • Being true: objective, verifiable and adjusted to reality. For example, if our offer has certain inputs the product of the competing brand does not have, or if ours has a better price than the other, if we are talking about a game with a higher probability of winning than another, etc. Subjective information (not allowed) is information based on preferences or opinions that may vary from one consumer to another. Evidence (documents, market studies, etc.) must be made available to support the veracity of the information before releasing the advertisement.
  • Being accurate: containing no ambiguity or inaccuracy.
  • Being relevant:
    • For the content presented, making no allusions about the competitor’s nationality, beliefs, privacy or other strictly personal circumstances, among others, allusions that do not convey information that would allow the consumer to evaluate the other offer on the basis of efficiency parameters; and

 

  • For the way in which it is presented, avoiding unjustified use of irony, satire, mockery or sarcasm, among others.

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