Advocate Yulia Shuba and Associate Ekaterina Zhuk prepared an article "How to compare a product with competitors' one correctly?", published in the June issue of The Jurist magazine.
Basing on the dispute between ALC "NTS" and OJSC "Integral", resolved by the Ministry of Antimonopoly, Regulation and Trade of the Republic of Belarus at the beginning of 2020, the article examines the types and identifies the groups of incorrect comparison criteria, developed by doctrine and law enforcement practice in terms of antimonopoly legislation. It describes the circumstances of proof for such categories of disputes, carries out an analysis of the regulator's approach when establishing presence or absence of the fact of unfair competition by means of incorrect comparison.
The article (in Russian) is available here.