The Competition Tribunal dismissed a lawsuit by Dakota S.A. against Comercial y Distribuidora Pé y Pé Limitada and others, for alleged disloyal competition acts –use of the “Dakota” brand for shoes–.
The Tribunal stated that, in order to configure disloyal competition, two copulative conditions must be proved: the allegedly disloyal competition acts must have taken place, and those acts must have the objective of reaching, maintaining or augmenting a dominant position. In this case, it was not proved that the defendants had a dominant position in the market, neither individually nor as a group.
The Supreme Court confirmed the Competition Tribunal’s decision on October 20, 2005.