Experience

Experience

Mega Tech Company: An Example of Our Expertise in Unfair Competition Disputes in the Tech Sector

August 14, 2024

The Asian Mega Technology Company exemplifies our track record with its importance in the technology sector, where we provide specialized legal services in unfair competition disputes. The case, involving mutual allegations of unfair competition between antivirus applications, is in a complex settlement phase, with amounts ranging from R$$0.00 to R$$74,000,000.00.

The client is one of the world’s largest technology companies, headquartered in China. It is widely known for its internet search engine, often referred to as the “Chinese Google,” but the company is also involved in a wide range of technology products and services, including artificial intelligence (AI), digital advertising, mobile applications, and cybersecurity solutions.

In Brazil, the client focuses primarily on the development and distribution of mobile applications, security software, and digital services. Among its best-known products in the Brazilian market are antivirus applications, internet browsers, and mobile device optimization tools. The company seeks to offer innovative technological solutions to enhance the digital experience of Brazilian users, ensuring security and efficiency.

As a client, the company represents a significant example of our track record, given its prominence and relevance in the technology and innovation sector. Our collaboration involved the provision of specialized legal services, including dispute resolution and advice on unfair competition issues, reflecting our ability to serve large and highly complex clients, especially in resolving disputes involving unfair competition between mobile applications and competitors. The case can be summarized as the competitor's antivirus application indicating to the user that the Client's antivirus application was malware/virus and the Client's antivirus application indicating the competitor's application as a dangerous application for the user. In other words, both applications recognized each other as a threat to the user's security.

This behavior was taken to court by both parties, basically alleging that the other party was practicing unfair competition (both parties filed lawsuits against each other). The issue is relevant because it is a pioneering case in Brazil involving unfair competition between antivirus applications that point to the competitor as if it were a computer virus.

The case is still ongoing and is now in a very complex settlement phase, involving an amount that could range from R$$ 0.00 to R$$ 74,000,000.00. Our office is now representing the Client to prove that the competitor did not suffer the damages resulting from unfair competition that they are claiming.

If you have any questions about the matters covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Leonardo Neri

+55 11 3090-7303

leonardo.neri@br-mm.com

Rafael Mello

+55 11 3090-7304

rafael.mello@br-mm.com

Victor Ferrari

+55 11 3090-7310

vitor.ferrari@br-mm.com

Ivan Kubala

+55 11 3090-9195

ivan.kubala@br-mm.com

Nicoly Crepaldi

+55 11 3090-9195

nicoly.crepaldi@br-mm.com

This communication, which we believe may be of interest to our customers and friends of the company, is intended for general information only. It is not a complete analysis of the matters presented and should not be considered legal advice. In some jurisdictions, this may be considered lawyer advertising. Please see the company's privacy notice for more details.

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