Competence

Faced with summons and warnings by a service provider of recognized beer brands worldwide, our client was denounced, as a commercial establishment that distributes said beverages, claiming unfair competition and anticompetitive practices against him before the National Commission for the Defense of Competition (Procompetencia), including in its notifications to the General Directorate of Customs and the Central Bank of the Dominican Republic; company that also sued in reparation of alleged damages; however, we were able to provide the evidence that warned that in Procompetencia’s investigation procedure the inadmissibility of its arguments, obtaining the Resolution that rejected the alleged complaint for unfair competition and with it, the inadmissibility of the civil lawsuit was required in application of the Law on the defense of competition, which provides that it is not possible to demand compensation for damages that may have suffered as a result of prohibited practices, until after the final resolution of the Board of Directors of the National Defense Commission of the Competition has been issued; Therefore, this lawsuit was dismissed until the Administrative Litigation appeal initiated before the Superior Administrative Court was decided, which with the contribution of the evidence that demonstrated that it was not possible to impute to our client the commission of any act of unfair competition, according to the statements of the parties, emails and evidence obtained, the Procompetencia Resolution was confirmed, administrative proceedings currently pending before the Supreme Court of Justice.