SIMONT BRAUN has wide experience of trade practices, consumer law and unfair competition law.
Our Trade Practices team includes renowned specialists who often act as speakers at conferences, regularly publish reference surveys and advise professional associations when new bills come before parliament.
The lawyers in the Trade Practices department provide firms with pragmatic, creative solutions that take account of the numerous commercial and legal constraints that impinge on their business in Belgium and abroad. They also regularly advise and assist communications agencies and all sizes of Belgian or foreign-based companies in advertising and sales-promotion matters, competition and unfair practices, e-commerce and mail-order selling, consumer protection and consumer credit, food labelling, the organization of lotteries, promotional games and contests, and disputes relating to domain names. Furthermore, they represent clients in legal actions, as plaintiff or defendant, before courts at all levels. Close collaboration with the Intellectual Property, Distribution and Competition law teams enables them to maintain a firm grasp on all aspects of planned projects.
Examples of recent major cases headed up by the Trade Practices team include:
  • we have checked advertising projects and promotional actions on all kinds of carriers and in all sectors
  • we have drawn up membership conditions for consumers wanting to take part in interactive programs on the internet; we have also drafted loyalty conditions and advertising membership contracts
  • we have acted for plaintiffs and defendants in injunction involving misleading, comparative or disparaging advertisements in various sectors such as cosmetics, banking and food
  • we have defended mail order companies before the courts in injunction actions relating to promotional offers or how they show prices on their websites or in catalogues
  • we have conducted proceedings against unfair parasitism and non-competition obligations
  • we provide regular assistance to firms in dealings with the authorities overseeing the laws on trade practices and consumer credit
  • we provided assistance to various professional bodies before the public authorities, the Consumer Council and the European Commission in connection with the implementation into Belgian law of the European directive on unfair practices or new legislative bills
  • we analyze the present and future consequences of the European nutrition regulations for large distributors and their suppliers
  • we defended the right for a sports events organizer to refuse participation by a sports team sponsored by a foreign-based online gaming and betting firm
  • in e-commerce, we have litigated against the imposition of internal Belgian regulations on service providers that established in a non-EU country