Projects we have implemented in this industry
A foreign pharmaceutical company
A suit regarding unfair competition in Belarus was filed against a foreign pharmaceutical company. Arzinger represented the company’s interests in the course of the investigation held by the MART, as a result of which no signs of unfair competition were revealed.
A manufacturer of toys
Representation of interests of a children’s toys retailer in a case of unfair competition, protection of rights to the trademark. One of the competitors decided to use the already promoted trademark of another company in respect of the goods that were not identical or interchangeable with the goods of the former company, but the target buyers of which were the same part of the consumer market. With that, buyers had the false impression that they purchased goods from the same company in both cases.
Our lawyers provided the plan of actual and legal actions for our client, and supported implementation of the case.
A manufacturer of fire-fighting equipment
Representation of interests of a security systems manufacturer in a case of unfair competition. The situation of monopsony (one major buyer) was actually formed in the commodity market and suppliers had to interact with each other so that the goods of one supplier could be used along with the goods of the others.
Several suppliers demanded that their competitor transferred the software that ensures functioning of security systems to them free of charge, which the latter reasonably considered a violation of its rights. We not only ensured representation of the client’s interest at the antitrust body investigation stage, but also interacted with the antitrust body for the issues of interpretation and proper implementation of its decision.
Arvas
Representation of interests of a Belarusian manufacturer of heat and fluids metering and regulating devices in a case of unfair competition in courts and governmental bodies regarding the dispute of sales of the goods identical to the competitor’s goods by a Russian company (including sales via its subsidiary in Belarus) with specifying itself as the manufacturer of the goods.
A Belarusian snacks manufacturer
Advising and representation of interests of a Belarusian manufacturer within the scope of the administrative process in a case of copyright violation regarding software, representation of interests in negotiations with the owner of rights, support of amicable settlement conclusion.
A Belarusian food manufacturer
Advising on the issue of acknowledgment of the competitor’s actions for trademark registration and use to a fact of unfair competition and consequences of such acknowledgment, procedure of acknowledgment of the trademark registration as invalid.
A children’s goods retailer
Arzinger represented the buyer in the scope of supporting the deal for acquisition of the controlling stake of a Belarusian children’s clothing retailer by a Polish company. We performed the legal DD and obtained the required consent for the transaction of the antimonopoly bodies of the Republic of Belarus.
A foreign pharmaceutical company
A suit regarding unfair competition in Belarus was filed against a foreign pharmaceutical company. Arzinger represented the company’s interests in the course of the investigation held by the MART, as a result of which no signs of unfair competition were revealed.
A manufacturer of toys
Representation of interests of a children’s toys retailer in a case of unfair competition, protection of rights to the trademark. One of the competitors decided to use the already promoted trademark of another company in respect of the goods that were not identical or interchangeable with the goods of the former company, but the target buyers of which were the same part of the consumer market. With that, buyers had the false impression that they purchased goods from the same company in both cases.
Our lawyers provided the plan of actual and legal actions for our client, and supported implementation of the case.
A manufacturer of fire-fighting equipment
Representation of interests of a security systems manufacturer in a case of unfair competition. The situation of monopsony (one major buyer) was actually formed in the commodity market and suppliers had to interact with each other so that the goods of one supplier could be used along with the goods of the others.
Several suppliers demanded that their competitor transferred the software that ensures functioning of security systems to them free of charge, which the latter reasonably considered a violation of its rights. We not only ensured representation of the client’s interest at the antitrust body investigation stage, but also interacted with the antitrust body for the issues of interpretation and proper implementation of its decision.
Belarusian Pipe-Casting Works
Representation of interests of the works in a dispute of unfair competition with the leading German metallurgical concern.
Arvas
Representation of interests of a Belarusian manufacturer of heat and fluids metering and regulating devices in a case of unfair competition in courts and governmental bodies regarding the dispute of sales of the goods identical to the competitor’s goods by a Russian company (including sales via its subsidiary in Belarus) with specifying itself as the manufacturer of the goods.
A Belarusian snacks manufacturer
Advising and representation of interests of a Belarusian manufacturer within the scope of the administrative process in a case of copyright violation regarding software, representation of interests in negotiations with the owner of rights, support of amicable settlement conclusion.
A Belarusian food manufacturer
Advising on the issue of acknowledgment of the competitor’s actions for trademark registration and use to a fact of unfair competition and consequences of such acknowledgment, procedure of acknowledgment of the trademark registration as invalid.
A German pharmaceutical company
Advising on the issues of the procedure of pricing for drugs in the Republic of Belarus, as well as criteria of acknowledgment of an organization as having the dominating position in the market.
A Turkish brewing company
Legal support of a brewing company on the issue of obtaining a permit from antitrust bodies for acquisition of a joint-stock company in the Republic of Belarus (the main activity is beer production).
An international payment system
Advising an international payment system on the issue of launching a payments tokenization platform using mobile devices for compliance with the Belarusian antitrust law.
A children’s goods retailer
Arzinger represented the buyer in the scope of supporting the deal for acquisition of the controlling stake of a Belarusian children’s clothing retailer by a Polish company. We performed the legal DD and obtained the required consent for the transaction of the antimonopoly bodies of the Republic of Belarus.
How can we help
Antitrust laws prohibit coordination of the bidder’s activities by the tender organizer and (or) customer, creation of preferential conditions for certain bidders as well as other actions. If you believe that the question of the tender winner has been resolved before the tender, or if you want to receive advice on compliance of the procurement procedure with the law, Arzinger lawyers will be able to help.
Competitors illegally use your trademark, send letters indicating poor quality of your products, try to affect the lessor and get your premises, or, vice versa, accuse you of unfair competition?
Lawyers will ensure representation of your interests at the antitrust body, in courts, within the scope of administrative proceeding, suggest what actual measures will help avoid such situations and provide protection against unfair counterparties’ actions.
The antitrust law of Belarus impose special restrictions on certain market participants. Some deals (reorganization, sale of a part or shares, etc.) cannot be performed without the antitrust body’s consent, and without such consent it can be declared null and void. With that, it applies not only to entities that hold dominant positions in the market, but to the companies that have exceeded certain indicators in terms of revenue or assets as well.
Lawyers will advise on the need to obtain the consent in such situations and will also help obtain this consent if necessary.
Competition is not always fair. Your success makes yout competitors sleepless and they may improperly use your trademarks, technologies, appearance of goods, production secrets and other intellectual property to gain a market advantage. We are ready to ensure comprehensive protection of your business against such attacks.
Firstly, each separate intellectual property object can be protected in accordance with the judicial, administrative and criminal litigation procedure. For example, unlawful use of a trademark makes the right holder entitled to demand a compensation from the violator in the amount of up to 50.000 basic values (about EUR 118,000) without having to prove the damage amount. You can prohibit the offender to perform specific actions in court, for example, advertising and offering a particular product for sale, to remove a counterfeit product (goods made with violations of your intellectual property rights) from sale.
Secondly, all actions of the violator in the aggregate may constitute unfair competition. Judicial bodies and the MART (Ministry of Antitrust Regulation and Trade) deal with unfair competition cases. We support our clients at all stages of such cases, up to forced execution of court statements.