Competition and Consumer

Context:

The client is a leisure and entertainment company, with foreign capital, located in the most important tourist destination of the Dominican Republic.

Alburquerque assisted the client with the filing of a complaint on the grounds of a violation of competition rights before the National Council for the Defense of Competition, and the filing of a civil lawsuit for unfair competition and its subsequent elevation to the Court of Appeals, in defense of the rights of free competition that were affected through the disabling the means for promotion of the activities and services of the company, as well as the company as such, thereby affecting its operations and development.

Lawyers:

Esq. José M. Alburquerque Prieto, Managing Partner
Esq. Gina A. Hernández, Corporate Business Partner


Scenario:

The client, a French multinational hypermarket chain, sought assistance from Alburquerque when a complaint was filed against them for alleged acts of unfair competition, in violation of the General Law for the Defense of Competition. In this case, we assisted them in their defense against the complaint. With our efforts, we were able to have the complaint dismissed and the order to file, in turn, was archived before the Executive Directorate of the National Commission for the Defense of Competition (Procompetencia).

Benefit:

With the assistance provided by the firm, the client was able to save the sum of RD$572,941.38, an amount which was intended to be claimed by the complainant before “Procompetencia”.

Lawyers:

Esq. José Milcíades Alburquerque Carbuccia, Founding Partner
Esq. Laura D. Polanco Coste, Dispute Resolution Partner


Context:

The client is a multinational hypermarket of French origin, specialized in retail. In this case the Inspection Department attached to the National Institute for the Protection of Consumer Rights (Pro-Consumidor, for its acronym in Spanish), conducted unofficial inspections and seized some expired, deteriorated and battered products from the commercial establishment of our client, together with the imposition of administrative fines, both for such inspections and for alleged misleading advertising. Alburquerque assisted in the negotiations of the amount sought by the Administration against the company.

Benefit:

With our assistance, the client paid lower amounts for the imposed fines and in other cases, did not have to pay them, because some of them were deemed inappropriate and excessive, which motivated the amicable agreement signed between the parties, on occasion of conciliatory, negotiation and mediation actions of our firm.

Lawyers:

Esq. José Milcíades Alburquerque Carbuccia, Founding Partner
Esq. Laura D. Polanco Coste, Dispute Resolution Partner