A French SME is the victim of unfair manœuvres: one of its former employees attacks its customer file and denigrates its operations. Our customized SKAN-INVESTIGATION assessment service allows us to collect factual and compelling elements in order to an injunction.
Context of the mission :
For several months, this client is noticing a drop in his turnover without any apparent reason. While discussing with his customers, he understands that he has a new and very aggressive competitor. Furthemore, rumors suggest that this new player on the market is linked to one of his former employees. The goal is to obtain any piece of information allowing to introduce an interlocutory proceedings in order to stop the haemorrhage of sales revenue he is victim of.
Result of our investigations :
Our investigations clearly show that the jurisprudential elements constituting the notion of unfair competition are met :
- The exploitation of the hard disks used by the former employee allowed us to demonstrate that he had copied a large quantity of commercial data in the days preceding his departure.
- A review of his company’s sales documentation revealed that it was copied verbatim from the one of our client.
- Discreet interviews with customers solicited by this competitor have made it possible to gather meaningful testimonies. On the one hand, they show that the latter denigrated his former employer, and on the other hand, the former employee also let some people believe that his company had taken over the activities of the former employer, thus
- Finally, the review of the client portfolio before and after the employee’s departure as well as the exploitation of our client’s financial data allowed us to demonstrate a real prejudice.
Benefit for the client :
Our client is now in a position to file a summary proceeding with the local court in order to quickly stop the unfair acts. This is what he achieved, the objective is reached.
Reading suggestion(s) on SKAN1 Outlook :
- Concurrence déloyale à Tahiti : lourdes sanctions
- Concurrence déloyale ? Une entreprise tenterait de siphonner la clientèle de Bourbon Bois
Want to know more about our offer :
- Our other examples of “Litigation” missions Nos autres exemples de missions « CONTENTIEUX »