RKKW prevents court ban on client’s activities

In an unfair competition case won by us, our IP lawyers, led by Aneta Pankowska – Partner, Legal Counsel, have prevented a court ban on our client’s activity of creating and publishing so-called shopping baskets, through which the prices of a selected basket of products in various retail chains are compared. Such a ban was demanded by one of the well-known chains, which was dissatisfied with the positions in the presented lists. The information about the high prices of the products offered within it was said to be unreliable, misleading, and damaging to its reputation.

The court, in dismissing the request for security, found that our client did not violate competition rules and there were no grounds for assuming that it was acting unfairly, because:

• its published reports and their methodology are described in detail to inform consumers,
• there is no evidence of unreliability of the published reports,
• the purpose of the publication was not to benefit or harm a competitor.

In addition, the court leaned into customers’ perceptions of the stores (and FCMG products in general), confirming our position that:

• price is not the only criterion for consumers to choose a store – other factors, such as location, product selection and service, have a greater impact on a store’s reputation than price,
• a high price often confirms a brand’s reputation, rather than diminishes it.

As a result, informing consumers about the high price of certain products or stores may not violate fair competition and personal rights such as reputation, the right to clientele and the undisturbed enjoyment of business profits.

Following the final dismissal of the pre-litigation security request, the chain decided not to file a lawsuit.

We congratulate our IP Department lawyers and invite you to discuss how we can support you in building a fair business environment!