Rechtsliteratur

Misleading and Comparative Advertising Directive, Article 4 Misleading and Comparative Advertising Directive, Article 4

Aktuelle lauterkeitsrechtliche Problemfelder von Online-Vergleichsportalen.

The author highlights the growing importance of online comparison portals, which causes increasing jurisprudence and literature about this topic. In the course of defining online comparison portals, the author divides them into three categories: price comparison portals, price and performance comparison portals, and rating portals. Furthermore, he distinguishes between information portals and transaction portals. He also points out that there are three parties according to online portals: User, portal operator, and provider. The author clarifies that putting opportunities to compare online is a commercial activity according to the UWG. Knowing that, the author examines if comparisons by an employer, in this case, the portal operator, about third parties or in favour of third parties are recognised in accordance to article 6 paragraph 1 UWG. There is disagreement in the literature about this issue. The positive impact of comparative advertisement supports this theory. The author features that a clarification by the ECJ is necessary because of the full harmonisation the Directive 2006/114/EU. He points out that the Directive has basically a broad understanding of the concept.