The Georgian Competition and Consumer Agency (GCCA) has declared inadmissible the complaint lodged by LLC "Verona". The complaint concerned an alleged infringement by LLC "Cesur" of Article 11³ of the Law of Georgia on Competition, namely the misappropriation of the shape, packaging and appearance of SMEG products, the use of a trademark, and the sale of allegedly counterfeit products through online web pages.
The Agency found that the screenshots submitted by the complainant, showing photographs and other visual material of SMEG products posted by various online retailers, were insufficient to substantiate the alleged circumstances. A finding that a product is counterfeit requires evidence directly demonstrating that the product is not genuine or that it does not correspond to its source of production. In the absence of confirmation by a competent authority or person, or of a specialised expert assessment, it is objectively impossible to determine whether a specific product is counterfeit.
In the course of the administrative proceedings, the Agency also obtained information on imports carried out by LLC "Cesur" since 2024. According to the data of the Revenue Service, no imports have been recorded for LLC "Cesur" during that period.
Having examined the matter, the Agency concluded that the information and evidence submitted did not give rise to a reasonable suspicion of a possible infringement of Article 11³ of the Law of Georgia on Competition and did not meet the standard laid down in legislation for the substantive admissibility of a complaint. Accordingly, the Agency considered the initiation of an inquiry inexpedient. Moreover, since the complaint concerned the offering and sale of potentially counterfeit products bearing the SMEG trademark, the decision, together with the case file, has been forwarded to the Ministry of Finance of Georgia.
