We provide preventive professional advice on commercial advertising, from making a flyer to advertising campaigns and marketing strategies. We advise our clients regarding complaints and investigations initiated by INDECOPI, OSIPTEL and other administrative and judicial bodies, as well as self-regulatory organizations for acts of unfair competition (violation of the principle of legality, truthfulness, social adequacy, non-misleading, among others).
We manage permits and authorizations for commercial promotions with ONAGI.
Acts of unfair competition are prohibited by law (Legislative Decree 1044) and are sanctioned by the Commission on Unfair Competition (CCD) of INDECOPI.
In general terms, we can say that prohibited behaviors considered acts of unfair competition carried out by economic agents in the market are manifested as follows:
- Acts of unfair competition through commercial advertising (i.e. misleading, offensive or discriminatory advertising, etc.)
- Other acts of unfair competition: inducing consumers to error (indication of origin), violation of standards (i.e. non-compliance with requirements for carrying out activities), acts of confusion (with the competitor), take advantage of the competitor’s reputation, among others.
One of the most serious problems that companies can face in this type of offence is the one referred to advertising, whether in packaging or in an advertising campaign. The authority (INDECOPI) can order as a precautionary measure the cessation of the advertising that is infringing the rule. Eventually, this would mean significant economic losses (without considering the fine for these cases, which is usually high), considering that advertising campaigns are usually paid at the start. Likewise, the authority can order the withdrawal of products from the market if the advertising is in a container, with contractual consequences in its distribution and commercialization chain.
Our team of specialists has the experience in facing these situations and correcting or preventing any possible offence in any of the modalities described in the standard as acts of unfair competition.