Successful Defense in a Food Industry Competition Case: Defending Business Reputation

By Atty. Jhon Mora, Head of the Competition Department

Overview

In today's fierce business arena, protecting a company's reputation is vital. We're excited to announce a significant win, defending a client against the Economic Competition Superintendency (ECS) over food product-related issues.

The Challenge

Our client faced serious allegations:

• Deceiving consumers.
• Exploiting consumer ignorance.
• Violating food product standards. The accuser believed these actions distorted market competition and harmed consumers.

Legal Backdrop

Unfair competition can lead to severe penalties under the Organic Law of Regulation and Control of Market Power (LORCPM). Offenses range from minor, with fines up to 8% of the prior year's income, to serious, with fines reaching 10%. With such high stakes, navigating these waters requires expert guidance.

Our Strategy

Under the expert leadership of Dr. José Meythaler and Atty. Jhon Mora, our defense strategy was meticulously crafted, employing a multi-faceted approach that was both aggressive and precise:

1. Deep Dives into Precedents: We undertook an exhaustive review of national and international cases similar in nature. This provided us with insights to not only counter the allegations but to also predict and preempt potential arguments from the opposition.
2. Rigorous Scrutiny of Evidence: Our team rigorously scrutinized every piece of evidence presented against our client. We identified and exposed potential inconsistencies, challenging the credibility and validity of the claims they supported.
3. Timely and Impactful Communication: Our team maintained a proactive stance, swiftly responding to inquiries and statements from the National Intendency of Investigation and Control of Unfair Practices (NIICUP). Our responses were well-researched, clear, and assertive, ensuring our client's perspective was always at the forefront.
4. Collaborative Teamwork: Leveraging the unique strengths of our team members, we maintained open channels of communication within our team. This enabled us to brainstorm, strategize, and execute our defense plan cohesively.

This strategic blend of research, rigorous scrutiny, and proactive communication paved the way for a robust defense, ultimately culminating in our client's favor.

The Outcome

Our meticulous and expert-driven approach bore fruit in the form of a resounding victory:

1. Clear Vindication: Both the National Intendency of Investigation and Control of Unfair Practices (NIICUP) and the Economic Competition Superintendency (ECS) concurred with our defense. The allegations against our client were deemed to lack substantial evidence.
2. Upholding Standards: It was recognized that our client's product was not only compliant with all relevant standards but that there was no indication of any deceptive practices or regulatory breaches. Our thorough examination of evidence played a pivotal role in this determination.
3. Chain of Custody Breakdown: A critical moment in our defense revolved around the evidence presented against our client. We successfully demonstrated potential inconsistencies and discrepancies in the evidence's chain of custody, suggesting they might have been compromised or tampered with. This line of defense cast significant doubt on the veracity of the allegations, proving instrumental in the case's resolution.

Why Trust Meythaler & Zambrano Lawyers?

Every legal challenge is unique, and we understand the immense trust clients place in us when navigating these waters. This successful outcome underscores the collaborative spirit between our legal team and our clients. Our collective dedication, combined with our experience, achieved this result. Should you seek guidance, especially in competition-related issues, we're here to help. Connect with us at [email protected] or via our service request form.