Unfair competition is one of the most pressing issues in modern market economies. In Belarus, where the business environment is actively developing and competition for clients is intensifying, instances of improper competitive practices are becoming increasingly common. This may include the use of another company’s trademark, spreading false information about competitors, poaching employees, copying the appearance of products, or even the illegal use of trade secrets.

For companies, such actions often result not only in financial losses but also in significant reputational damage. This is why the issue of protection against unfair competition has become a key element of the legal strategy for many businesses from startups to large industrial holdings.

Belarusian legislation provides a comprehensive set of measures to prevent and suppress such violations, including civil, administrative, and antitrust liability. However, in practice, protecting a company’s interests requires a systematic approach: it is necessary to correctly document the fact of the violation, gather evidence, and build a sound legal position.

In this article, we will examine which forms of unfair competition are most common in Belarus, which protective tools are available to companies, and how to develop a legal strategy that not only stops violations but also minimizes reputational and financial risks.

Concept and Legal Basis for Protection Against Unfair Competition

Unfair competition is one of the most sensitive breaches of market rules, undermining trust in business and impeding the development of honest market participants. For Belarusian companies, especially in the service sector, IT, retail, and manufacturing, it is important to understand where the line lies between active, aggressive, but lawful promotion and actions that violate principles of fairness. Properly classifying such situations allows companies not only to protect their interests but also to build a sustainable reputation in the market.

What Constitutes Unfair Competition

Unfair competition is recognized as actions taken by a business entity aimed at obtaining advantages in entrepreneurial activity if these actions contradict established standards of honesty, reasonableness, and good faith.
Classic examples include:

• Using another company’s trade name, trademark, or commercial designation to mislead consumers.
• Copying the appearance of a product, packaging design, or a competitor’s corporate style.
• Spreading false information that damages the reputation of another company.
• Poaching employees to obtain confidential information or clients.
• Unlawful use of trade secrets.

All these actions undermine the principles of a level playing field in the market and may result in losses for the affected party.

Key Regulations and Regulatory Authorities

Control over compliance with antitrust legislation and the prevention of unfair competition in Belarus is carried out by competent state authorities empowered to review such cases, issue orders, and hold violators accountable.
The regulatory framework is based on norms aimed at ensuring fair competition, protecting entrepreneurs, and safeguarding consumers. It is important to understand that unfair competition is considered not only as a civil law violation but also as behavior unacceptable in the market, affecting a company’s business reputation.

Distinguishing Fair and Unfair Competition in Practice

The line between fair and unfair competition is often subtle.
For example, a company may actively use marketing tools such as discounts, promotional campaigns, or loyalty programs, and this would be considered normal competitive practice. However, if the same actions involve misleading consumers, copying elements of a competitor’s brand, or using their name in advertising, it constitutes a violation.

In practice, the assessment of fair competition is based on analyzing the motives, consequences, and business methods. Courts and regulatory authorities consider whether one company’s behavior harms another and whether it disrupts the balance of interests in the market.

Main Forms of Unfair Competition

Unfair competition can manifest in various forms, and it is not always immediately obvious. Sometimes it appears as ordinary business activity,but in reality, it infringes the rights of other companies, misleads consumers, and damages a competitor’s reputation or income. Below are the most common forms of unfair competition that Belarusian companies encounter in practice:

Use of Another Company’s Trademark or Trade Name

One of the most common violations is the use of another company’s identifiers in commercial activity trademarks, logos, trade names, or even similar domain names.
Such behavior may mislead consumers regarding the manufacturer of goods or services and diminish the recognition and value of the true owner’s brand.

For example, launching a website or social media page with a similar name or visual style may seem like a “minor borrowing,” but in fact, it qualifies as an act of unfair competition.
To protect their rights, companies are advised to register trademarks in a timely manner and document their use in commercial activity.

Copying Product Appearance and Packaging

Imitating the design of a product, packaging, or corporate style is another typical form of unfair competition.
Even minor similarities in visual elements can lead customers to confuse the product and purchase a non-original item. This is particularly relevant in highly competitive markets such as cosmetics, food, household chemicals, and pharmaceuticals.

Belarusian practice shows that courts consider not only the degree of visual similarity but also the competitor’s intent, whether they sought to benefit from another brand’s reputation. Companies should document the originality of their designs for example, through contracts with designers, depositing mock-ups, or registering industrial designs.

Spreading False or Distorted Information About Competitors

Disseminating negative information is another tool of unfair competition. This may include publications, reviews, social media posts, or messages to clients that create a false impression of another company’s activities.
Even if the information is partially based on facts but is presented in a distorted or manipulative manner, it can be considered an attempt to discredit a competitor.

Such actions can cause serious harm to business reputation, especially in the B2B segment or in high-tech services where client trust is critical. Companies must respond promptly, gather evidence, send claims, and seek protection from authorized authorities or courts.

Poaching of Employees and Clients

In competitive markets, it is common for a company to attempt to poach employees from a competitor, especially when it comes to key specialists or sales managers. Poaching in itself is not prohibited, but it becomes unfair if it is accompanied by:

• Encouraging the violation of employment obligations.
• Using internal databases or commercial information from the previous employer.
• Promising rewards for transferring clients or data.

Similarly, with clients; it is acceptable to compete for market attention, but it is not permissible to use confidential information obtained from previous business relationships. To mitigate such risks, companies often include non-disclosure and non-compete provisions in contracts, as well as legally formalize liability for their violation.

Illegal Use of Trade Secrets

A trade secret is one of the most valuable business assets. It includes information about technologies, strategies, clients, pricing, developments, and other aspects that provide a company with a competitive advantage.
The illegal acquisition, use, or disclosure of such information constitutes a serious form of unfair competition. Such violations often occur when employees move to another organization or collaborate with contractors without proper confidentiality agreements.

To protect trade secrets, it is important not only to have internal information security procedures but also to formally establish a trade secret regime:

• Issue relevant internal regulations.
• Mark confidential materials appropriately.
• Include NDAs and non-disclosure clauses in contracts.

Liability for Unfair Competition

Liability for unfair competition in Belarus is comprehensive. It can take the form of civil, administrative, and other measures aimed at restoring violated rights and preventing further abuses. The law protects not only the harmed company but also the interests of consumers and the market as a whole, since unfair business practices undermine trust in competition and hinder the honest development of the business environment.

Civil Consequences and Compensation for Losses

If a competitor’s actions have caused property or reputational damage to a company, the affected party has the right to file a lawsuit seeking compensation for losses and/or moral damages.
Typical cases include:

• Decreased profits due to the use of a similar trademark or product design.
• Loss of clients due to the spread of false information.
• Damage to business reputation, resulting in loss of partners or investors.

Courts may order the violator to cease illegal actions, destroy counterfeit products, remove false information, and pay compensation for damages.
A critical element of protection is a solid evidentiary base: documents, screenshots, correspondence, expert opinions, and other materials that confirm both the fact of the violation and its consequences.

Administrative Liability

In addition to civil sanctions, Belarusian law provides for administrative liability for unfair competition.
For example, antitrust authorities, specifically, the Ministry of Antitrust Regulation and Trade (MART) can hold violators administratively liable through:

• Fines, the amount of which depends on the nature and severity of the violation.
• Orders to cease illegal actions.
• Confiscation of unlawfully obtained profits.
• Publication of the violation decision in public sources.

Violating rules of fair competition can result not only in financial losses but also reputational risks, as information about such decisions usually becomes public and affects client and partner trust.

Role of Antitrust Authorities and Judicial Practice

The MART plays a key role in detecting and stopping unfair competition. This authority reviews complaints from companies, analyzes violations, requests documents, conducts inspections, and issues decisions.
If a company disagrees with a MART decision, it may appeal to the court, making judicial practice an important tool in establishing a uniform approach to business protection.

Court decisions in such cases show that courts consider not only the literal similarity between products or brands but also the intent to profit from another’s reputation. In some cases, even seemingly neutral actions were recognized as unfair if they created market confusion or disrupted the balance of interests.

In practice, combining administrative and judicial avenues of protection is effective. This allows companies not only to stop violations but also to recover losses caused by unfair competitors.

How to Prove Unfair Competition

Proving unfair competition is one of the most challenging stages of business protection.
It is not enough to simply claim that a competitor is using your brand or spreading false information; you must demonstrate the illegality of their actions, the connection to damages, and the intent to gain advantage at your company’s expense.
A comprehensive and well-structured evidentiary base is key to a successful outcome in both MART proceedings and court.

Gathering Evidence and Documenting Violations

The first step is promptly documenting the facts of the violation. The earlier a company records the competitor’s actions, the higher the chances of success.
Evidence may include:

• Screenshots of websites, publications, or advertisements using similar trade names, logos, or trademarks.
• Photographs of products and packaging confirming design copying.
• Written statements from clients who were misled.
• Documents and correspondence indicating employee poaching or illegal use of trade secrets.
• Marketing research reports showing that consumers confuse or associate different brands.

It is important that documentation is carried out correctly, using notarized inspections, certified copies, or electronic metadata to ensure admissibility in court or MART.

Importance of Expert Opinions and Witness Testimony

In many cases, expert opinions play a key role.
For example:

• Linguistic expertise can confirm the similarity of brand names.
• Phonetic or graphic expertise can assess visual similarity of trademarks.
• Marketing expertise can demonstrate that consumers actually confuse different companies’ products.

Courts or MART may order such expertise upon a party’s request.
Additionally, witness testimony from former employees, clients, or partners can corroborate cases of illegal poaching or spreading false information.
However, testimony must be supported by written or material evidence a combination of facts has legal force.

Practical Difficulties in Proving Unfair Competition

In practice, proving unfair competition is challenging. Common difficulties include:

• Difficulty establishing intent: it is not always clear whether the competitor acted to gain advantage from your reputation.
• Non-obvious causal link between the violator’s actions and company losses.
• Challenges in documenting online violations, especially with rapidly changing websites and advertising.
• Need to protect trade secrets when submitting evidence in court.

In such cases, a professional legal strategy is critical: lawyers help properly document evidence, request necessary documents, prepare expert reports, and represent the company’s position in MART or court.

Business Protection Algorithm

When a company faces unfair competition, it is important to act systematically and consistently. Mistakes, such as public accusations without evidence or poorly prepared lawsuits can worsen the situation.
A well-structured protection algorithm allows not only stopping violations but also restoring reputation, recovering losses, and preventing similar cases in the future.

Pre-Trial Measures: Claims, Negotiations, Warning the Violator

The first stage is pre-trial settlement.
It is especially effective if the violation occurred not out of malicious intent but due to misunderstanding or negligence (e.g., using a similar brand without registration).

Key steps include:

• Preparing a written claim specifying the facts of the violation, referencing legal norms, and demanding cessation of illegal actions.
• Documenting the date and method of sending the claim (mail, courier, electronic signature).
• Proposing an amicable resolution, such as abandoning the disputed mark, publishing a correction, or signing a non-disclosure agreement.
• If necessary, conducting negotiations between company representatives with legal counsel.

Pre-trial settlement saves time and resources while maintaining the business reputation of both parties.

Appealing to Antitrust Authorities or Court

If pre-trial measures fail, the next step is approaching competent authorities.
In Belarus, MART oversees compliance with antitrust legislation.

A company can submit a complaint with evidence of unfair competition. MART conducts an investigation and may:

• Issue an order to cease illegal actions.
• Hold the violator administratively liable.
• Forward materials to court if civil-law disputes are identified.

In parallel or subsequently, a company may file a claim in commercial court to protect business reputation, recover losses, or claim moral damages.

Professional legal support at this stage is essential lawyers help formulate the company’s position, prepare evidence, represent its interests in court, and monitor enforcement of decisions.

Reputation Protection and Prevention of Further Violations

Even after a successful resolution, it is important to restore business reputation and strengthen legal protection of the brand.

Recommendations include:

• Conducting PR campaigns or official statements to minimize the negative impact of false information.
• Regularly monitoring the market and online space for mentions of the brand, products, and employees.
• Registering trademarks, logos, and software if not already done.
• Establishing internal procedures to protect trade secrets, including confidentiality and non-disclosure agreements.
• Periodically conducting legal audits with intellectual property and competition law specialists.

Effective business protection relies not only on responding to violations but also on proactive risk prevention. Legal support helps build a brand protection strategy, minimize threats, and ensure company stability in a competitive environment.

Conclusion

Unfair competition can cause serious damage even to well-established businesses, from loss of clients to reputational and financial consequences. Therefore, protecting a company’s rights requires a systematic approach: timely documentation of violations, competent legal actions, and a well-thought-out response strategy.

The Ambylegal team provides legal support for cases related to unfair competition: representing companies before MART and courts, preparing claims and evidentiary materials, and developing preventive measures to protect brand, trade secrets, and reputation.

Professional legal involvement not only stops violations but also strengthens a business’s market position, ensuring stability and legal protection over the long term.

Contact us

If you have any questions related to unfair competition in Belarus, we will be happy to help! Our long-term experience will help you choose a lawyer to represent your interests.

• +37529142-27-19 (WhatsApp, Viber, Telegram);
• info@ambylegal.by.