It seeks to protect traders against misleading advertising from other businesses (i.e. B2B), which is equivalent to an unfair commercial practice. To this end, it determines the conditions under which comparative advertising is authorised.
Advertisements which mislead or which may mislead the people who receive them are forbidden. The misleading nature of these advertisements could affect the economic behaviour of consumers and traders, or may be detrimental to a competitor.
The misleading nature of advertisements depends on a set of criteria:
Comparative advertising explicitly or by implication makes reference to a competitor or competing goods or services.
This type of advertising is only permitted when it is not misleading. It can be a legitimate means of informing consumers of what is in their interests. Therefore, in particular, the comparisons should:
European Union (EU) countries must ensure that those persons or organisations with a legitimate interest may bring a court action or an administrative appeal against illicit advertising;
Therefore, courts or administrative bodies from EU countries must be able to:
For more information, see:
Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version) (OJ L 376, 27.12.2006, pp. 21–27).
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