The 2nd Reserved Chamber of Business Law of the São Paulo Court of Justice denied an appeal by the group in an action that accuses it of “ambush marketing”, for having placed brand promoters on the outskirts of the festival, sponsored by the rival company.
In the action, the Heineken group claims that Ambev tried to “piggyback on the exposure” that the music festival would provide. It says that the competitor sent brand promoters equipped with Brahma beer backpacks to sell its product near the entrance to the event and that it distributed the alcoholic drink “Mike’s” for free around the event.
In the piece, the Heineken group accuses Ambev of unfair competition and an attempt to unduly associate itself with the event, sponsored exclusively by the former.
In his opinion, the rapporteur of the appeal, judge Maurício Pessoa, states that the Heineken group did not include the sponsorship contract in the process, “a document necessary to demonstrate the scope and extent of the alleged exclusivity right”.
In another section, the judge states that the prohibition of sales in the vicinity of The Town, as intended by Heineken, “constitutes a defense of the privatization of public space, because it imposes advertising and business restrictions without the indispensable intervention and participation of the competent authority”.
It also argues that the marketing of products around the event, without the use of images or elements that directly refer to the event, does not constitute ambush marketing.
He also states that the “attempt to privatize public spaces, without any compensation to the community, reveals abusive and anti-competitive conduct, aimed at excluding the defendant from the market and suppressing free competition, in violation of the principles that govern the economic order and the regular exercise of business activity.”
Heineken was ordered to pay costs and legal fees. When contacted, the Heineken group said it “does not comment on ongoing processes”.
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