CASE COMMENTS: UNFAIR PRACTICES - COMPARATIVE ADVERTISING

Comparative advertising: The Court of Justice details the conditions of the lawfulness of comparative advertising (Lidl)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Comparative advertising, which enables economic operators to compare their products and services with those of their competitors, is an important instrument for stimulating competition. It has as its limits both the protection of competitors whose products or services are being compared, and which can only be compared in accordance with the principle of fairness, and that of consumers, whose choice should not be surprised by misleading information or omissions. The preliminary ruling of the Court of Justice of the European Union of 18 November 2010 returns to the criteria for the legality of comparative advertising in the specific field of food products.

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Mary-Claude Mitchell, Comparative advertising: The Court of Justice details the conditions of the lawfulness of comparative advertising (Lidl), 18 November 2010, Concurrences N° 1-2011, Art. N° 34167, pp. 138-140

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