When Competition Exceeds the Limits of Professional Fairness

A company's growth is the result of investments, strategies, and sacrifices. Seeing this asset threatened by illicit commercial practices, such as the systematic poaching of key employees or smear campaigns, can be deeply frustrating and damaging. Competition is a healthy element of the market, but only when it is conducted with respect for the rules of professional fairness. When these limits are crossed, the law provides concrete tools to protect your business and obtain fair compensation for the damages suffered. As an expert lawyer in damages compensation in Milan, lawyer Marco Bianucci assists companies in defending their value and reputation.

Unfair Competition: The Regulatory Framework

The Italian legal system defines and sanctions acts of unfair competition primarily through Article 2598 of the Civil Code. This provision prohibits all conduct that does not conform to the principles of professional fairness and is capable of damaging another company. Case law has further precisely outlined various scenarios, the most common of which are employee poaching, commercial defamation, and slavish imitation, which represent direct attacks on a company's assets, both tangible and intangible.

Employee Poaching

Poaching employees from a competing company is not in itself an unlawful act. However, it becomes an act of unfair competition when it is carried out in ways that harm the competing company, for example, through systematic and planned action aimed at disrupting the other company's organization. The element that qualifies the offense is the so-called animus nocendi, meaning the intention to harm the competitor by depriving them of strategic professional figures and the know-how they possess, in order to gain an advantage in the market.

Commercial Defamation

This practice consists of disseminating information and opinions about a competitor's products or activities that could discredit them in the eyes of the public and customers. Defamation can occur directly, with explicit and untrue criticism, or indirectly, by insinuating doubts about the competitor's quality, reliability, or professional ethics. It is a direct attack on commercial reputation, an intangible asset of fundamental importance for the success of any business.

Slavish Imitation and Market Confusion

Another form of unfair competition occurs when a company slavishly imitates a competitor's products, causing consumer confusion. The offense does not concern simple inspiration, but the reproduction of those external and non-essential characteristics of the product that make it immediately recognizable in the market. The objective is to unlawfully appropriate the notoriety and goodwill built by others, thereby deceiving customers.

The Bianucci Law Firm's Strategy for Protecting Your Business

The approach of lawyer Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on a rigorous analysis of the case to build a solid and tailored legal strategy. Protection typically unfolds on two parallel fronts: urgent precautionary action (injunction) to immediately stop the harmful conduct and substantive action to obtain adequate compensation for all damages suffered. The defense is not limited to contesting the unlawful act but focuses on the precise quantification of the prejudice, which can be of a patrimonial and non-patrimonial nature.

The evidence gathering phase is crucial. The firm is responsible for collecting and organizing all useful elements, such as communications, testimonies, and documents, also availing itself of technical consultants for IT or economic expert reports. The goal is to unequivocally demonstrate the causal link between the competitor's unfair conduct and the damage suffered by your company, which may include a drop in turnover (loss of profit), incurred costs (emergent damage), and damage to image and commercial reputation.

Frequently Asked Questions

How can I prove an act of unfair competition?

Proof can be provided through a variety of elements. For employee poaching, serial resignation emails, testimonies from former employees or clients are useful. For defamation, recordings, screenshots of online communications, or press articles can be used. In general, any document demonstrating the competitor's intent to harm is fundamental.

What damages can I claim in a case of employee poaching?

Compensation can be claimed for various types of damages: loss of turnover resulting from the departure of key personnel, costs incurred for recruiting and training new staff, loss of know-how, and, not least, damage to the company's organization, which represents an economic value in itself.

How long do I have to take legal action for unfair competition?

The right to compensation for damages arising from an act of unfair competition generally becomes time-barred after five years. The period begins to run from the day the unlawful act was committed or, in the case of ongoing damage, from the day the last harmful effect manifested itself.

What does obtaining an injunction mean?

An injunction is an urgent order issued by the court that requires the competitor to immediately cease the unlawful conduct. It is a very effective tool because it allows the harmful behavior to be stopped quickly, pending the conclusion of the substantive proceedings for the quantification of damages.

Request a Strategic Assessment for Your Company in Milan

Suffering an act of unfair competition requires a prompt and strategic reaction to limit damages and restore market fairness. Relying on a professional with extensive experience in the field is the first step to effectively protect your rights and the value of your business. Lawyer Marco Bianucci offers targeted advice to analyze the specific situation and outline the most appropriate legal path.

For an in-depth assessment of your case, contact the Bianucci Law Firm, located in Milan at Via Alberto da Giussano, 26. Together, we can define the best strategy to protect your business and obtain fair compensation for the prejudice suffered.