Legal Literature

Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Commercial Practices Directive, Chapter 2, Article 5, 4. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7

The author discusses recent developments in the field of comparative advertising. He deals with the consequences of the implementation of the Unfair Commercial Practices Directive and the recent case law in connection with comparative advertising. He treats 3 subjects that touch upon the interests of both consumers and competitors, namely (1) comparative advertising, (2) misleading advertising and (3) lookalike products. He also deals with a subject that mostly concerns competitors, namely denigrating advertising.

The author concludes that in spite of the fact that comparative advertising falls outside of the provisions of the Unfair Commercial Practices Directive, the directive’s implementation most certainly has effects on comparative advertising directed at consumers. He also claims that lookalike products can constitute a form of comparative advertising, as a result whereof the party offering them must perhaps comply with the provisions of the Unfair Commercial  Practices Directive.