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Outlook of the European Court of Justice Regarding Comparative Advertising

Author

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  • Rodica Diana APAN

    (Faculty of Law of Cluj-Napoca, †Dimitrie Cantemir†Christian University, Romania)

Abstract

Advertising transcends the borders of the States and has an impact on the single market. Moreover, it may lead to distortions of competition. One purpose of regulating advertising stems from the imperatives of protecting consumers. They are the recipients of the advertising message and their interests can be harmed by advertising. Misleading advertising is prohibited, as is comparative advertising, in certain situations, in expressly determined hypotheses. The analysis in concreto of two such facts, in the reflection of the decisions given by the European Court of Justice, is the theme of this study. At the same time, we will analyze the sanctions regulated at national level in the event of committing the acts that constitute illicit comparative advertising, as well as the administrative bodies empowered to apply the sanctions in order to clean up the competitive environment.

Suggested Citation

  • Rodica Diana APAN, 2022. "Outlook of the European Court of Justice Regarding Comparative Advertising," International Investment Law Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 2(2), pages 149-164, July.
    • Handle: RePEc:sja:journ1:v:2:y:2022:i:2:p:149-164
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    More about this item

    Keywords

    advertising; misleading advertising; comparative advertising; administrative bodies; sanctions.;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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