Litigation is under pressure, and mediation is fashionable. Companies invite their legal directors to transform their teams into profit centers where the legislator asks parties to justify that they have tried to settle, before serving summons.

But there is at least one case where it is imperative to do battle: As a claimant, if you consider that a competitor has done you wrong, and you are seeking proof thereof, or as a defendant, if a competitor uses—or abuses—Article 145 of the French Civil Procedure Code. One of this Article's favorite fields is unfair competition. In such cases, companies must define a litigation strategy since their business is at stake.

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