City Court delivered statement on Philip Morris Georgia case
 Tbilisi 16:08 - 31.03.17 «GHN»
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The Tbilisi City Court (Judge Vladimer Kakabadze) announced a verdict on Philip Morris Georgia, on February 10 of 2017.


The case JSC Tbilisi Tobacco versus Ltd Philip Morris was reviewed by the City Court. The case was opened on February 29 of 2016, the summarizing decision was taken by the Court on February 10 of 2010 (totally 9 court hearing were held). Accordingly, the City Court argues against the statement as if the court decision was delivered in 1 day period for one court hearing. For retaining principles of the equality of the arms the Court is obliged to save the interests of both sides.

The Court believes that the Georgian law on competitiveness was violated. At the same time the Court found that the accused party have a dominating position on the segment of Georgian market.


As for the question of absence of the damping legislation, the Court states that the damping an international term is. And in translation this denotes the expelling of competitors from the market by artificially diminished praises for the goods and services. At the same time the "Georgian legislation on competitiveness", Article 6, part 2 prohibits giving unfair praises. This denotes that the Georgian legislation incorporated the notion of damping - term that denotes artificially and unfairly diminished praises, and imposes for such actions a legal liability.

Also when deciding the question of damages the Court rules according to the Civil Code,  Article 411. Where it is stated that the damages are to be paid out not only for the factual material loss, but as well for the profit that was not gained.

The Court calls to refrain from much critics as the court decision does not enter into force yet and most likely will be appealed in both instances.

 



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