• fr
  • en
Contact us
  • fr
  • en
Contact us

UNFAIR COMPETITION

Unfair competition is an improper business practice carried out by a company or a natural person against your company. Unfair competition is proven by the combination of misconduct, damage and cause and effect. The judicial officer’s (court bailiff) report, reports from private detectives are the most frequent means of proof, as well as the use of computer seizure measures on the basis of article 145 of the French Civil Procedure Act. We recall the conditions of unfair competition;

  • Misconduct : As an intentional act which aims to harm a competing business. Intentionality is not an obligation.
  • Harm : The existence of the misconduct must be added to that of damage. The damage caused to the competitor must be confirmed, and only the company affected by unfair competition can claim this damage. Example: Excessive loss of customers or abnormal poaching of employees
  • Causal link : There must be a causal link between the misconduct committed and the damage suffered.

The agency's initiatives are: Preventing risks, detecting non-compliant patterns, developing information collection strategies and supervising the concerned parties regarding the production of evidence. As provided in the internal security code - Book VI -, Agenc-IE works, if necessary with the UXAM group which benefits from authorization issued by the CNAPS under the number: Private Research Agency - N ° AUT-069 -2114-05-26-201504836622

Customer hijacking

Acts of Customer hijacking are likely to be committed by a large number of people, former employees, subcontractors, partners, etc.

Hijacking occurs when one of these players secures customers using an unfair procedure. Competitors can attempt to either create confusion, an imitation or even a denigration of your company. Note that employees are subject to an obligation of trustworthiness and loyalty as is inherent in their employment contract and statutes. To avoid these transgressions, it is not uncommon for the employment contract, statutes or a partnership agreement to include a non-competition clause.

Due to the difficulty in gathering evidence, investigative procedures by private research agencies and computer experts are often required in order to make an application for an enquiry (article 145 of the Code), aimed at the appointment of a bailiff by a judge.

The fight against industrial espionage

Through experience your company has acquired specific know-how and knowledge that is coveted by other enterprises. Thus economically, industrial espionage is defined as:

  • Either the illegal acquisition and / or interception of business secrets or know-how of a rival company.
  • Or, although less common, the destabilization of a competitor by public disclosure of their commercial and / or industrial advantage. Agenc-IE implements protective measures so that the know-how and specific knowledge of a company are kept secret and that free competition is observed. Agenc-IE supports you in detecting organizational and technical flaws within your company: with security audits, penetration test, ...

Counterfeiting

The crime of the century Counterfeiting is above all an anti-competitive practice carried out in violation of an intellectual property right. In other words, it is an infringement of an industrial property right.

The development of the phenomenon is aligned with that of the global economy and off-shoring. Counterfeiting has taken on a considerable dimension, amplified by the opportunities offered by Internet sales. Today no economic sector is spared. Agenc-IE helps you to fight against attacks against the development of your business. We help you effectively fight illegal activities, such as breaches of labor laws or product manufacturing standards, which directly threaten the health and safety of consumers. We are working on the identification of circuits using techniques and tools, and specifically, criminal analysis type ANB - Analyst's Notebook.