home Business blogs The meaning of discrediting a competitor in a large legal dictionary. The meaning of discrediting a competitor in a large legal dictionary What to do if a competitor has intercepted your idea

The meaning of discrediting a competitor in a large legal dictionary. The meaning of discrediting a competitor in a large legal dictionary What to do if a competitor has intercepted your idea

Discrediting a competitor and his activities (goods, works, services)

The purpose of this type of unfair competition is to obtain an effect in economic rivalry by discrediting a competitor in front of consumers and entrepreneurs.

Discredit as a method of conducting competition can take various forms. Basically, it is expressed in discrediting the business reputation of a competitor and his activities (goods, works, services).

Russian legislation prohibits two types of discredit - direct and indirect.

1. Under direct discredit refers to the dissemination of false, inaccurate or distorted information that can cause losses to another business entity or damage its business reputation (paragraph 1, clause 1, article 14 of the Law on Protection of Competition).

The totality of the following conditions testifies to the presence of direct discredit. (1) The information must be wholly or partly untrue, i.e. be false, inaccurate or misrepresented. Moreover, they are considered untrue until the person who disseminated them proves otherwise. (2) Information must be disseminated. The dissemination of information is understood as its publication in the press, broadcast on radio and television and video programs, demonstration in newsreel programs and other mass media, presentation in public speeches, statements addressed to officials, or communication in another, including oral, form to several or at least one person. At the same time, the communication of such information in private to the person to whom they relate is not considered as distribution (paragraph 2 of the resolution of the Plenum of the Supreme Court of the Russian Federation “On certain issues arising when courts consider cases on the protection of the honor and dignity of citizens, as well as the business reputation of citizens and Legal Entities" dated August 18, 1992 No. 11 (as amended on April 25, 1995). The facts of the dissemination of information shall be proved by the victims. (3) Information is capable of causing losses to an economic entity or damaging its business reputation.

The ability to cause the specified harm is understood as the probability or threat of causing it in the future.

It should be noted that the Law on Competition does not require that the disseminated information be defamatory.

Direct discrediting, carried out through the use of advertising, has its own characteristics. In particular, to protect against direct defamation committed in the form of unfair or unethical advertising, it is not required to establish the fact that the information does not correspond to reality. It is enough that they are defamatory and distributed by the offender in advertising. Thus, an advertisement containing statements, images that discredit the honor, dignity or business reputation of a competitor (competitors) is recognized as unfair (Article 5 of the Law on Advertising).

Therefore, the legislator's position on whether the disseminated information should be discrediting when qualifying this type of unfair competition requires clarification.

Discrediting information is recognized as information containing statements about a violation by a citizen or organization of the current legislation or moral principles (about committing a dishonest act, other information that discredits production, economic and social activities, business reputation, etc.), which detracts from the business reputation of a citizen or legal entity (paragraph 2, paragraph 2 of the said resolution of the Plenum of the Supreme Court of the Russian Federation).

2. Indirect discredit competitor is an incorrect comparison by an economic entity of goods produced or sold by it with goods produced or sold by other economic entities (paragraph 3, clause 1, article 14 of the Law on Protection of Competition).

The law does not specify the ways and forms of incorrect comparison, it is subject to the above-mentioned rule on the dissemination of information in case of direct discredit.

A comparison carried out in relation to a competitor is recognized as correct only if it is of a general nature, in which it is impossible to establish the compared competitor and its products (goods, works, services). The general nature of the comparison involves the use, for example, of such vague terms as "ordinary", "other", "simple", etc.

A kind of incorrect comparison is incorrect comparative advertising. Thus, advertising is recognized as unfair, which contains incorrect comparisons of the advertised product with goods in circulation that are produced by other manufacturers or sold by other sellers (Article 5 of the Law on Advertising).

DISCREDITATION OF A COMPETITOR DISCREDITATION OF A COMPETITOR - dissemination of deliberately false, inaccurate or distorted information in printed or otherwise reproduced text or in the media in order to damage the business reputation of an economic entity. One of the methods of unfair competition. In Uzbekistan and a number of other countries, it is an independent element of a criminal offense.

Big legal dictionary. - M.: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukharev. 2003 .

See what "DISCREDITATION OF A COMPETITOR" is in other dictionaries:

discrediting a competitor- dissemination of deliberately false, inaccurate or distorted information in printed or otherwise reproduced text or in the media in order to harm the business reputation of an economic entity. One of the ways... ... Big Law Dictionary

- (fr. Discrediter to undermine trust) deliberate actions aimed at undermining authority, image and trust. One of the methods of unfair competition. Discrediting in relation to politics refers to personal attacks on ... ... Wikipedia

Business Elite- (The business elite) Business elite influential elite Business elite of modern Russian society Contents >>>>>>>>>>>>>> … Encyclopedia of the investor

COMPETITION UNFAIR- (unfair competition) any act of competition that is contrary to fair customs in industrial and commercial matters (Article 10 bis of the Paris Convention for the Protection of Industrial Property). Subject to prohibition: all actions capable of in any way ... ... Foreign economic explanatory dictionary

MARKETING, GUERRILLA- [English] guerilla marketing] non-traditional ways of communication and promotion that go beyond the generally accepted framework and aim to achieve noticeable marketing results with small means. It is a tactical survival tool for small firms in... ... Marketing. Big explanatory dictionary

Books

Direct discrediting of a competitor as a type of unfair competition, OA Gorodov. The article presents a detailed description and considers the signs of direct discrediting of a competitor, which is one of the types of acts of unfair competition prohibited by the Federal…

Information warfare is a set of actions taken to achieve information superiority. At the same time, damage to the information processes of the enemy is accompanied by the simultaneous protection of one's own information. Information in this case is understood quite broadly and combines not only data, but also the meanings, ideas and ideology of companies as a whole.

One of the main tools for conducting an information war is black PR - targeted actions, the result of which is the deterioration of the image of the enemy. In fact, black PR is the dissemination of negative information in order to undermine the reputation and reduce the position of a competitor in the market. It should be noted that, as a rule, such actions are taken covertly. The goals of black PR are, first of all, ousting the enemy from the market and influencing partners and customers.

Stages of a PR campaign

A campaign to discredit a competitor is usually carried out in several stages:

At the initial stage, information about the enemy is collected, while the information is selected quite diverse and in large volume. After that, the analysis of the received information is carried out and the selection from it of that part that may “be of interest” to society, i.e. those data that are usually hidden from outsiders and represent "vulnerabilities" for the company's reputation.
The next step is to define the target audience, i.e. the group of people who are most susceptible to the spread of negative information. It is this group of people that the campaign will target.
The correct setting of the goal, which determines the further strategy of the campaign. At this stage, it is necessary to clearly present the final result of the work being done.
After setting a goal, it is rational to start building an appropriate strategy for achieving it, which is divided into several stages.
The last stage of planning is the direct conduct of a black PR campaign.

Methods of conducting a campaign to discredit a competitor

There are a lot of methods of using black PR and conducting information wars. Sometimes unique strategies and tactics are developed for each individual case, but the most common methods of black PR are the following:

the use of manipulative media strategies that are able to form in the reader a certain assessment of events and, accordingly, an attitude towards him;
dissemination of frankly false materials about a competitor: the quality of its products, the personal characteristics of the leader, his actions, etc.;
change in the semantic load of already existing information messages (shift of emphasis, change of context, etc.);
calling associations with some negative fact or phenomenon in the public mind (for example, associations with a swastika or fascism cannot positively affect the company's image).

Such actions can cause irreparable damage to the reputation of a company or individual, so every manager who cares about the image of the enterprise should develop their own effective strategy for protecting against information attacks of this type.

Defense strategy

Among the main methods of countering information wars, the method of disorganizing the attack stands out, which consists in the fact that you, as it were, join the actions of the enemy to discredit yourself, but you do it deliberately and deliberately exaggerating and distorting the facts. For example, if a competitor managed to find and publish information discrediting your reputation, you should soon publish (be sure to use the same source!) Other data that also carries a negative semantic load. At the same time, the information you disclosed must be unlikely, i.e. one that the public is unlikely to believe. In this context, the information that appeared earlier will not be taken seriously.

Another fairly effective method of neutralizing the effect of black PR is the so-called flash method, which is based on the artificial creation of an additional bright event associated with a discredited company. At the same time, the resonance created around this event should be several times higher than the resonance from the earlier information attack. The information that has appeared should become a real sensation, as if to “eclipse” the already outdated negative and create a new context for the development of events in the company. It should also be noted that the disseminated sensational information should lie in a completely different information plane and in no way relate to the negative information that appeared earlier.

The following technology of protection against information attack is based on the principle “the best defense is an attack”. The counterattack method is to use black PR techniques against a group of people who are trying to discredit your company. The result of such actions can be the destruction of the positive image of your envious people and a decrease in their rating in the market.

In some cases, going to court will also be effective. If authoritative PR agencies and structures are not behind the information attack against you, you can safely file a lawsuit against your offender and prove your case in the courtroom, thereby refuting the negative information that was previously circulated.

If we talk about the so-called spontaneous information attack (i.e. one that is not planned in advance and is caused by some “wrong” actions on your part that cause disapproval from the public), then it can be neutralized in the following ways:

probable conflict prevention;
reaching a mutually beneficial compromise for both parties;
diverting attention from events;
increased white PR;
masking what happened.

As we have already said, protection against information attacks should be built individually in each individual case. In this case, it will be useful for you to consult a public relations specialist or a professional PR manager.

(Information prepared on the basis of electronic media)

DISCREDITATION OF A COMPETITOR

Dissemination of deliberately false, inaccurate or distorted information in printed or otherwise reproduced text or in the media in order to harm the business reputation of an economic entity. One of the methods of unfair competition. In Uzbekistan and a number of other countries, it is an independent element of a criminal offense.

Big legal dictionary. 2012

You will learn:

How to win the competitive war.
How to beat competitors in the battle for the client.
What to do if competitors are dumping.
How can a competitor become a customer?

A competitor of the Ukrainian company Galakton launched a commercial discrediting its products, increasing its sales by 43%, while Galakton lost 40%. Sales of Tolstyak beer in Smolensk decreased by 4 times in 10 days: rivals elimination of competitors spread the word that Escherichia coli was found in the drink. No company is immune from competitive warfare in business. How to defeat competitors in the battle for a place in the market, save face and turn the situation in your favor?

If in the "dashing nineties" in competitive wars, as they say, all means were good, but today more sophisticated methods are used to eliminate competitors. The best way to defeat competitors in such a confrontation is to prepare for it in advance. I propose to consider five typical situations of competitive wars and five non-standard methods for eliminating competitors and countering their actions.

How to beat competitors in trading if you don't know them

What happened. At first glance, the situation may seem absurd. However, unfortunately, it is quite real. Suppose your company has been operating for more than a year, there are not so many players in the local market, the development strategy has been thought out, and promotion is in full swing. However, sales are falling.

Recommendation. We have such an example in our portfolio. The trucking service is two years old. The company is actively advertised and in its marketing policy focuses on the safety of delivery, that is, the integrity and safety of the cargo for the client. The market can hardly be called highly competitive, however, customers began to leave. To the question "Who are your competitors?" the commercial director listed the companies whose leaders he knew personally, those who were humanly unsympathetic to him. However, he did not have complete information, and as a result, the strategy built taking into account such a vision of the market turned out to be ineffective.

The solution was a simple and quick way of research - a survey. Developed options for communicating with clients through correspondence, telephone conversations or in person meetings ( figure 2). All consumers were divided into groups: regular customers, failed customers and potential customers of a random choice who are not partners of the company.

Thus, the company received first-hand reliable information about real competitors, about its strengths and weaknesses, and about what to bet on so that potential customers become permanent customers. Most of the respondents mentioned firms that the commercial director did not even consider as rivals. The survey also showed that what is important for the consumer is not the safety of goods (all players guarantee it by default), but how the manager talks to him on the phone. Many failed customers noted that they were answered dryly, sometimes even rudely. Measures were taken immediately and the situation improved.

I want to emphasize that when conducting surveys and local research, it is important to thank the respondent for participating. A small gift will be a nice addition: chocolate in branded packaging delivered by courier, a discount or an interesting article written by your marketer.

Conclusion. If there is no industry market research, use the rule when developing strategic campaigns: it does not matter who you consider a competitor, it is important which companies the consumer chooses between. To find out, sometimes it is enough to ask customers - their own and others.

To find out what about your competitors first hand, survey customers - download list of questions, which will help you learn about your advantages and disadvantages over competitors.

How to conduct a competitive analysis: a ready-made algorithm

In order for the consumer to choose your product, show them how you differ from competitors. The editors of the "Commercial Director" have found for you a simple but effective algorithm that will help you monitor your competitors and fight them.

What to do if a competitor steals your idea

What happened. Your company introduces a unique product or service: conducts a marketing campaign, accustoms people to the product. You are already looking forward to growing sales, but suddenly a new player appears on the market who came up with exactly the same solution, or maybe just borrowed your idea. A newly minted competitor may be stronger, for example, instead of one store, open five at once. You will not only lose the planned profit, but, worse, at your own expense, "educate" the consumer for a competitor.

Recommendation. Before you write: “This has never happened in our city!”, think about the fact that your idea may be picked up by a competitor. Therefore, it is necessary to seriously prepare for the attack. If the proposal is really new (for example, a massage technique or a spa treatment using certain herbs or therapeutic muds), register a patent so that a competitor cannot use your idea. But this option is also unreliable: it is enough to make a slight change in a product or service, and officially it will be a different product. Therefore, it is necessary to build promotion in such a way that your unique offer is associated only with your company. So, no one is looking for duct tape in the store - everyone just asks for scotch tape. In the minds of the consumer, innovation should be firmly associated with the name of your company.

If you have not become a leader during your work in the market, it is really difficult to save the situation. For example, a small company opened the first crossbow shooting range in the city. The idea is unique - there were no competitors at the time of opening. Three or four months later, a major player came to the market and launched a whole network of shooting ranges, including crossbow ones. There was an outflow of visitors to the network, in which prices were lower due to large turnover, and the pioneer company began to lose profit. However, its leaders did not lose their heads: together with the sponsors, they organized a city tournament on the basis of the club, after which they began to position the shooting range as an elite club - a place where not amateurs gather, but professional shooters, where crossbow shooting is elevated to the rank of philosophy. Now the shooting ranges of a competitor were perceived as ordinary establishments in which teenagers from a neighboring yard, drinking beer, indiscriminately shoot at targets. A serious and solvent public has increasingly begun to turn to a solid professional club.

Conclusion. If a competitor steals your idea, you are left with two paths: either try to retain loyal customers and work for your audience (like convenience stores or beauty salons that serve a limited number of customers), or modify the product or service to create a unique advantage. Find the weaknesses of the "follower", and offer the market something that other players in your sector are not capable of.

A competitor sabotages your products, how to protect yourself?

What happened. The market in which you work is highly competitive, and all players are approximately equal in terms of products and services.

Recommendation. As an example, I will give another situation from our practice. In 2011, a law was passed legalizing the activities of microfinance organizations, after which the number of companies issuing small loans for short periods (Pay Day Loans format) began to grow exponentially: Quick Money, Migcredit, Home Money, " Express Loan. We received an order to create a new federal brand in this market. It should be noted that the mechanism for providing such services is the same for all market participants, so it is not easy to find rational advantages that would allow the consumer to make a specific choice. Then we began to study not the market, but the consumer: who is this person who urgently needed money, why did he turn to a microfinance organization, what emotions does he experience?

In the course of psychological research, we found that the speed of obtaining a loan is not so important for the consumer. It is not even a unique advantage, as it was presented by all market players. This is just a feature of the service. The need to take a microcredit is usually caused by some kind of force majeure situation (accident, dismissal, doctor's appointment, date for which there is no money), so empathy is important for the consumer. If the manager dryly offers to fill out a questionnaire and looks suspiciously (“will he give the money or not?”), then the whole procedure resembles begging for alms rather than service. Based on this, we proposed to build development on a friendly attitude towards the consumer: we named the company “Miladenezhka”, and managers were recommended to meet customers with a polite question: “What happened to you?”. Thanks to these actions, the new brand has succeeded, the network of offices is actively developing, and the franchise is successfully sold in different regions of the country.

Conclusion. The key to success in a highly competitive market is a clear and precise positioning of the company: how you differ from others and how you attract customers. When you study the market and understand how competitors' offers meet consumer expectations, develop an interesting and effective development strategy. Focus on your features, whether it's an unusual service or a catchy package.

Competitive Advantage: A Review of Strategies in a Crisis

Killer tricks to eliminate competitors

Black PR. Any company in the market can be destroyed, and unscrupulous competitors take advantage of this, not unreasonably assuming that it is much easier to denigrate a competitor than to convey their advantages to the consumer. Black PR can be considered the leader of an unscrupulous competitive attack. Some companies pay the media for commissioned materials or spread rumors themselves in the media environment.

Often, a media campaign is aimed at discrediting business owners and top managers. Also, publications may relate to poor management at the enterprise, inefficient use of property, non-fulfillment of contractual obligations, violation of the rights of employees, alleged bankruptcy. In order to discredit the company in the eyes of partners, unscrupulous competitors can throw in the media truthful, but discrediting information.

Redemption of a loan. This is a scheme that has already become a classic of the genre, when the company's overdue and poorly managed accounts payable are bought out by an unscrupulous competitor from creditors (usually the consent of the debtor is not required). Then the enterprising rival files a lawsuit in court and, on the basis of the received writ of execution, seizes the company or initiates bankruptcy proceedings.

Psychoadministrative attack. Some companies actively write statements to the relevant law enforcement agencies with a request to check the activities of a competitor, as well as initiate various lawsuits (for example, on the collection of receivables, although these issues were previously resolved in the negotiation process), and then actively cover them in the media in order to defame the enemy . Tellingly, such actions are massive in order to psychologically weaken the opponent.

Competitors can go even further. For example, to initiate an on-site extraordinary inspection of control and supervisory services, accompanied by a large-scale seizure of documents or a demand for copies of corporate and financial and economic documents, which subsequently end up in the hands of the instigator of the inspection. Such actions are aimed at disrupting the current financial activities of the company.

"KD" based on materials from open sources

Competitive Wars: Capturing Advertising Channels

What happened. Until recently, your company bought out advertising blocks in specialized publications a year in advance. Today they were bought by a competitor. Moreover, your structures are dismantled, and advertising posters are hung with ads of the opponent or simply painted over.

Recommendation. When we were developing an advertising campaign for a boiler equipment service center, we traveled around many cottage villages where the target audience lives. All direct competitors advertised on billboards along highways, so we decided to use a different advertising ploy. We made a batch of booklets stylized as "bombs" on a magnetic basis and attached them to the gates of cottage plots. The booklets contained the following information: “Are you sure there is no bomb in your house? It is quite large and is located in your basement. Maintenance-free boiler equipment is a ticking time bomb. Do not risk the health and lives of loved ones.

Be sure to check the boiler twice a year. Next came information about the boiler center: address, phone number. The three-thousandth edition cost about 70 thousand rubles. - the same amount would have to be spent on advertising on three banners within a month. But banner ads would not have generated such an influx of customers: the number of hits after the promotion increased by 48% compared to last year, which was more than three times higher than expected. Note that the action did not cause any negative feedback. We placed ads of the same boiler center in the city newspaper, but not in advertising blocks, but first on the sports page and then in the Crime section.

Conclusion. One of the most common mistakes is to use the same advertising channels that a competitor chooses (magazines, distribution areas). In advancing, it is always necessary to look for new ways. Even if you use the same channels as your competitors, look for bright, non-standard solutions.

What to do if competitors are dumping

What happened. Competitors spontaneously reduce prices, forcing them to follow their example.

It is necessary to find an advantage that will compensate the consumer for the difference in price. For example, the supply of dry building mixes may be accompanied by the departure of a consultant. In an advertisement, a higher price must be argued in such a way that cheapness will seem like a dubious advantage: “We care about your health,” “You deserve it,” and the like, depending on your target audience.

Another option is to create a duplicate brand in a lower price segment in response to price cuts. He will take the brunt, and you keep the profit. Thus, large advertising agencies open subsidiaries whose services are much cheaper. This creates a launching pad for young designers: they can learn from low-cost commissions.

Conclusion. If a competitor knocks the bar down, take your time to follow suit. The consumer gets used to the reduced price, and it will be difficult to raise it again without compromising demand. Create added value for your product or service. Or look for other moves, take risks and make a profit.

How can a competitor turn into a customer?

Vitaly Katranzhi, sales trainer, Oy-li

Once, while working with a small company specializing in the organization of communication networks, we faced in the struggle for a large and promising client with a market leader and a former monopolist, which is now part of Rostelecom. Our offer was very profitable, but the competitor promised better conditions, technology and connection price. We understood that we were not able to complete this project in such a time frame and with such a budget, and we relented.

However, relations with the customer were not interrupted and a third-party audit of the competitor's actions was constantly carried out. In personal communication with the customer, we gently and accurately predicted possible problems with a competitor during the implementation of the project. And when it became clear to everyone that a major player could not cope with the task, we prepared an agreement in which we acted as a subcontractor for this project. For a competitor, this project was not very profitable anyway. And in order to avoid legal costs and blacklisting the company as unreliable suppliers, he signed a contract on our terms.

Thus, we not only implemented the project within the terms established by the contract, but also received a good profit. The most important acquisition was a loyal client, who implemented all subsequent projects through our company. In addition, the competitor was convinced that our connection technology could save the day in many other sites where deadlines were being delayed.

Elena Lukina Graduated from Samara State University of Economics. With the company since 2008. Author of master classes in marketing and advertising.

creative agency General line!(Samara) provides services for the development and implementation of advertising campaigns, branding, copywriting, as well as the production of graphic products and websites. On the market since 1997. In 2011, the company opened a representative office in London. Official site - www.linia.biz

"Contact-Expert" provides marketing consulting services. On the market since 2003. Clients - more than 100 Russian and international organizations. Official site - www.expertkey.com

Oy-li provides services in the field of sales development, selection and training of specialists of the commercial department, website promotion and development of promotional materials. On the market since 2011. Official site - www.oy-li.ru