European commercial law - misleading and comperative advertising

4 important questions on European commercial law - misleading and comperative advertising

What do we understand under misleading advertisment?

Advertisment who could mislead the people who receive them, this can have an impact on their economic behaviour and can have a detrimental effect on the competitor

What is comparative advertisement

Advertisement which make references to competitors, this may only be done if it is not misleading

4 criteria for doing comparative advertisment

  1. Relate to goods or services that are intended for the same purpose
  2. relate to products with the same designation of origin
  3. deal objectively with the material ( may include price)
  4. should not confuse trader, take advantage, discredit competitors
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What shall an organisation do in case of misleading or bad advertisement

They can go to court and court can withdraw the illicit ad even if it has not yet resulted in loses or the ad has not yet been published

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