Unfair Competition

Are you a victim of dishonest procedures from a partner, employee, or a competitor?

You are subjected to loss of activity and turnover due to practices such as misappropriation of clients, customer file theft, poaching of employees, disclosure of know-how or trade secrets, non-respect of non-competition clauses, bribery or denigration, parasitism or confusion.

UXAM identifies with precision the operating method to follow. Our professional private investigators and co-workers will put their investigation at your service and advice methods favoring your interests in court thanks to the presentation of tangible and serious evidence of fraudulent acts.

Misappropriation of computer files by a competitor, or a previous employee is always motivated by a one and only aim: the one to obtain data and commercial and strategic information about products, clients, or suppliers.

A company database whose misappropriation is punishable in two ways:

  • On the founding principles of civil reliability for unfair competition
  • On the founding principles of criminal liability for breach of trust, stealing or prohibited access of the employee to a system of data processor referred to in article 323-1 of the penal code.

UXAM works to provide effective evidence of misappropriation acts:

  • Proof of borrowed filing material (Photocopies or data)
  • Certification of shared client’s misappropriation
  • Preparation of a bailiff’s report aimed to prove that the employees’ computer holds files including data which comes from your own database.

The offending enticement can lead to a disorganization of your company

The fact that an economic actor poaches the personnel of one of its competitors does not constitute, in principle, an act of unfair competition. To be wrongful, the transfer of employees must result in a disruption of the company and not a simple disruption. UXAM works with a network of specialized lawyers, who can, if necessary, determine our approach in order to collect the evidence necessary to build your case to defend your interests. The non-competition clause obliges the employee to refrain from practicing his trade and/or using his professional know-how after the termination of the employment contract. The ex-employee who does not respect the non-competition clause runs financial risks and legal proceedings. UXAM provides you with its investigation and consulting capacity thanks to a team of private investigators experienced in these practices and problems. Using a variety of discreet investigation methods, we can accurately ascertain the competitive actions of your ex-employee. The added value of our services is truly the support that we guarantee to all our clients in each of their cases and in the admissibility of our reports in court. Reminder: In case of hiring by a new employer of an ex-employee bound by a non-competition clause to his former employer, the latter may hold the new employer liable for hiring the employee bound to him by a non-competition clause. In order to do so, the new employer must first have informed the former employer of the existence and scope of the non-competition clause. If the new employer keeps the ex-employee in its workforce despite this warning, the former employer can sue the new employer before the Commercial Court or the Court of First Instance for unfair competition in order to obtain compensation for the damage resulting from this unfair competition


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