The Burger King chain filed a lawsuit against the Madero chain on the grounds of competition, abuse and customer diversion so that Madero stopped using the slogan "The best burger in the world", for never having attended the origin of the investigation to verify such statement .
The ongoing debate revolved around the fact that the slogan used by the Madero restaurant chain could cause a diversion of customers by inducing them through misleading advertising, since it was never verified in any investigation that confirms the title of "best hamburger in the world". ”. For this reason, the Burger King chain claimed that the message sent by its correspondent was withdrawn in addition to the payment of compensation for the practice carried out.
First, Burger King obtained the test investment decision so that the Madero chain could carry out an expert test to verify the means used to obtain the advertising title, based on the Consumer Protection Code (CDC). Therefore, Madero undergoes the investiture of our test and receives a favorable second-degree decision from the São Paulo Court of Justice, understanding that there is no consumption relationship between the companies.
The importance of the decision can affect the decision making of two consumers, after all, while the defense of competition focuses on regulating the behavior of two economic agents in the face of their own market structure, the policy of consumer protection is specifically aimed at the consumer behavior, prohibiting misleading advertising
According to the decision of Minister Paulo de Tarso Sanseverino, of the STJ, the issue under discussion will be a dispute exclusively between competing companies, leaving the interest of two consumers as a non-determining factor for the outcome of the process. For this reason, the STJ unanimously dismissed Burger King's special appeal, leaving the investigation of the allegations up to the restaurant itself, unable to invest or provide evidence to Madero.
Gabriel Fontanive Dupont,
