Unfair Competition and Consumer Protection

At Perez & Co., we advise companies on developing commercial strategies that enable them to compete effectively, conduct compliant advertising campaigns, protect their market position and maintain transparent relationships with consumers. Our practice combines preventive advice, business model reviews and strong representation in judicial and administrative disputes.

 

Our Services:

Unfair Competition

We advise our clients on preventing and addressing conduct that may affect their business, reputation or competitive position:

  • Legal assessment of commercial strategies.
  • Review of exclusivity, confidentiality and non-compete provisions.
  • Audits to identify unfair competition risks.
  • Advice regarding acts of customer diversion, business disruption, confusion, deception and imitation.
  • Protection against free riding on another party’s reputation and the misappropriation of trade secrets.
  • Advertising review and content clearance.
  • Cease-and-desist letters.
  • Settlement negotiations and pre-litigation solutions.
  • Judicial and administrative unfair competition actions.
  • Seeking and defending preliminary injunctions.

Consumer Protection
We support manufacturers, suppliers, advertisers, platforms and retailers in complying with their obligations to consumers:

  • Review of business models, commercial policies and sales processes.
  • Drafting and updating of terms and conditions.
  • Advice on e-commerce and distance selling.
  • Review of warranties, the right of withdrawal, chargebacks and return mechanisms.
  • Development and review of procedures for handling requests, complaints and claims.
  • Review of pricing information, promotions, discounts and terms of sale.
  • Advice on labeling, product information and instructions for use.
  • Development and implementation of compliance programs.
  • Training for sales, marketing and customer service teams.

Advertising, Marketing and Influencers

  • Legal review of campaigns and advertising materials.
  • Analysis of objective claims and supporting evidence.
  • Advice on comparative and environmental advertising, and advertising directed at specific audiences.
  • Review of promotions, incentives, contests and games of chance and skill.
  • Development of guidelines for influencers and content creators.
  • Assessment of misleading advertising risks.
  • Development of internal advertising approval protocols.

Investigations and Disputes

  • Response to direct consumer claims.
  • Representation in consumer protection actions.
  • Defense in administrative investigations and enforcement proceedings.
  • Response to requests, inspections and orders issued by the authorities.
  • Litigation involving warranties, defective products, information and advertising.
  • Advice on product recalls and situations with reputational impact.
  • Settlement negotiations with consumers and authorities.

What Sets Us Apart:

  • Prevention and Defense: We help reduce legal exposure and have the experience to defend our clients when disputes arise.
  • Market Knowledge: We analyze the law within the commercial and competitive reality of each business.
  • Reputational Perspective: We consider the impact that a claim, investigation or campaign may have on consumer trust.
  • Integrated Solutions: We coordinate consumer protection and unfair competition matters with intellectual property, advertising, product liability and litigation.
  • Practical Approach: We develop actionable recommendations that enable businesses to maintain operations and achieve their commercial objectives.

At Perez & Co., we understand that competing fairly and building relationships of trust with consumers are essential to the sustainable growth of any business. Our goal is to help our clients conduct business with legal certainty and respond effectively to any contingency.

Does your company need to review a commercial strategy, a campaign or a dispute with consumers or competitors? Contact us to discuss your needs.

Our

Areas of Practice