Atty. Jhon Mora
Head of the Antitrust Department
In the competitive business environment, defending against allegations of unfair competition is essential to protect a company's reputation and success. In this context, Meythaler & Zambrano Abogados is proud to share an outstanding achievement in the defense of one of our clients before the Superintendencia de Competencia Económica (SCE).
Our team, led by Dr. José Meythaler and Jhon Mora, successfully refuted an allegation of unfair competition in the pharmaceutical sector. Thanks to our legal strategy, we demonstrated the lack of evidence and ensured that our client's practices complied with the rules of fair competition, reaffirming our commitment to legal excellence and the protection of our clients' interests.
About the Case
A complaint was filed with the Superintendency of Economic Competition (SCE) regarding alleged unfair conduct, including predatory litigation, disparagement, undue influence and violation of trade secrets, in relation to a pharmaceutical product. The complainant alleged that these practices were intended to distort the competition system and harm consumer welfare.
Legal and Economic Implications
According to the Organic Law of Regulation and Control of Market Power (LORCPM), acts of unfair competition may result in fines of up to 8% of the offender's annual turnover or between 50 and 2,000 Unified Basic Remunerations (UBCR).
Serious violations may result in fines of up to 10% of turnover or between 2,001 and 40,000 UBCR.
Allegations of unfair competition pose significant risks to businesses and underscore the importance of obtaining specialized legal advice.
Why is it an important case?
Reputation: Winning this case means that our client keeps its reputation intact and is not seen as playing dirty in the marketplace.
Business Operations: Continue to operate without restrictions or penalties. If the allegation had been proven, it could have resulted in fines or restrictions that would have affected our client's business.
Customer Trust: By not being found guilty, our client can assure its customers and partners that its business practices are legitimate and ethical.
Legal Strategy and Success
Dr. José Meythaler and attorney Jhon Mora led the defense. Our strategy included detailed explanations before the Intendencia Nacional de Investigación y Control de Prácticas Desleales (INICPD), an exhaustive analysis of national and international precedents, and the rebuttal of the evidence presented by the complainant.
In addition, we adequately defended the filing decision before the Superintendent, who was in charge of resolving the appeal filed by the opposing party. Our defense demonstrated the lack of veracity of the accusations and our client's compliance with the rules of fair competition.
Antitrust Decision
Our defense was successful as the INICPD and the Superintendent determined that there was insufficient evidence to support the complaint.
They recognized that our client's actions were in line with fair competition standards and that no violations had been committed.
Crucially, we were able to demonstrate to the authorities that the alleged evidence could not be taken into account and that the theory of the case put forward by the complainants was legally and economically insufficient to support the imputation of the conduct complained of.
Conclusion
The resolutions obtained in this case set important precedents for future litigation related to unfair competition and underscore the importance of having specialized advice in complex legal situations.
At Meythaler & Zambrano Abogados, we reaffirm our commitment to our clients, providing quality services and fighting to defend their interests in the field of business law.
This success demonstrates our dedication and experience in the field, and supports the trust that our clients place in us.