Following a sudden drop in sales or reduction in your customer portfolio, you may suspect that the reason is unfair competition. You have to react by providing evidence of misconduct on the part of a competitor or even an employee, in order to prove that you are suffering a loss. It is important to respond quickly, as the consequences of unfair competition, customer poaching or counterfeiting may be severe, both in terms of sales and brand image.
Independent investigations conducted in France and abroad
In addition to the assistance of a solicitor, taking legal action in response to this type of behaviour calls for expertise in the areas of information, investigation and adducing evidence.
When we support companies which are victims of unfair competition, we lead investigations to reconstruct the facts, assess the scale of the losses and gather the evidence necessary to initiate legal action.
We lead independent investigations across France and Europe. These aim at removing any doubt concerning suspicions and gather evidence of unfair competition from competitors or employees.
Our investigators are high-level professionals who have an in-depth grasp of human, financial and digital investigation techniques. They will gather any information that can provide evidence of misconduct from a competitor or an employee.
Investigations into counterfeiting
The market for counterfeit goods continues to grow. It is estimated that direct losses of sales associated with counterfeit goods cost companies €6 billion per year.* This practice affects all industries: medicines, electronics, textiles, multimedia, food processing, cosmetics, spare parts, etc.
In addition to its economic and financial impact, counterfeiting damages the reputation of businesses and may represent a risk to consumers.
In cases such as this one, our task is to identify the origin of counterfeit products, work our way backwards through the counterfeiting networks and channels, and locate the stocks.
Expertise in adducing evidence
CORPGUARD performs investigations for companies and deliver them detailed reports in which evidence has been compiled. These reports highlight the existence of any professional activities that are in breach of the contract of employment, business law or competition law.
This evidence will enable your solicitor to prepare an ex parte application, under Article 145 of the Code of Civil Procedure, calling on the courts to appoint a bailiff. The bailiff will then be able to draw up the necessary reports and compile a collection of administrative and commercial documents, correspondence, electronic data, data on hard disks, etc. This will constitute an irrefutable body of evidence to back up legal action brought before the competent courts.
Having provided the information necessary for an ex parte application under Article 145, our staff will then prepare the ground and assist the bailiff with his/her court-ordered intervention.
Seeking out evidence on digital media
Our experts can also assist the bailiff with the task of seeking out evidence on digital media. By analysing the content of the hard disks contained on mobile phones or computers, they can recreate browser history and email account use, retrieve deleted data and offer the data gathered for use as evidence admissible in court.
Adducing evidence in this way enables you to defend your interests, and to bring legal action against rivals who are guilty of unfair competition.
*source : “L’impact de la contrefaçon” – Unifab report – April 2010