A practical analysis of comparative advertising

Abstract

PURPOSE: The aim of this study is to present the subject matter of comparative advertising by trying to specify its legal boundaries.

DESIGN/METHODOLOGY/APPROACH: The purpose is achieved by an analysis of legal regulations as well as views of legal scholars and commentators and the established line of judicial decisions. Additionally, the article presents numerous examples of comparative advertising and investigates them in the context of compliance with regulations in force and their impact on a broadly understood competition law. Moreover, to complete the investigation, a research problem is formulated in the form of facts gathered by the author, which are then examined in the light of regulations pertaining to comparative advertising.

FINDINGS: Lawful comparative advertising may unquestionably contribute to the development of competition and at the same time it may have a positive effect on consumers by making on their behalf comparisons of goods/services offered on the market. It needs to be remembered that unlawful comparative advertising may lead to a serious distortion in competition at the level of a given country or the entire EU market.

PRACTICAL SOLUTIONS: An analysis of regulations on comparative advertising, combined with the discussion of the example presented in the study may contribute to increasing social awareness of the positive and adverse effects of comparative advertising’s impact on consumers and competition.

ORIGINALITY/VALUE: The research has helped to narrow the scientific lacuna in the field of consumers’ perception of comparative advertising combined with regulations in force.