Unfair Competition in the Dispute between Travel Companies Has Not Been Revealed
The Georgian National Competition Agency has completed another investigation on an alleged fact of unfair competition. The issue concerned the complaint of the travel company "Free spirit tours", according to which the competitive company "Spinx Travel" was using the company's trade information and commercial secret.
The National Competition Agency has analyzed in detail the content of internationally recognized and relevant foreign law norms regarding trade information and trade secrets. The Agency compared the similarities between the videos and the ads posted by both parties. No significant similarities are found between the posted information (including trade information).
Accordingly, the investigation revealed that the information provided by "Free Spirit Tours" Ltd. - tourism programs (routes and timing), advertising strategy, and customer information, due to their content, can not be commercial secrets and trade information. The program is publicly known and easily accessible, and customer information concerns employee experience and obtained skills. As a result, based on the above circumstances, the Agency has revealed that there was no violation of Article 11 of the Law of Georgia on Competition on the violation of fair competition.
The parties can appeal the Agency`s decision in the Tbilisi City Court.
In 2021, the National Competition Agency has completed investigations of 2 out of 3 current cases, in one of which the concerted action of the companies has been revealed and 4 companies were sanctioned, in the second case the fact of unfair competition has not revealed. Currently, one investigation on an alleged fact of unfair competition and monitoring the fuel and pharmaceutical markets are in progress.
