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Jäsenvaltio Suomi
Otsikko Markkinointijuridiikka 2013
Subtitle
Tyyppi
URL
Author E. KOIVUMÄKI and P. HÄKKÄNEN
Reference Markkinointijuridiikka 2013, 2013, Helsingin seudun kauppakamari
Publication Year 2013
Avainsanat confusion, general discussion, transaction decision

Unfair Commercial Practices Directive, Chapter 2, Article 5 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9

Section B of this book covers UCP related issues in a detailed manner, including the provisions implementing the UCP directive in Finland.

Chapter B2 of this book deals with unfair commercial practices, which is regulated in chapter 2 paragraphs 1 and 3 of the Consumer Protection Act. The authors point out that, in addition to marketing practices, the regulation on unfair commercial practices equally applies to commercial practices relating to customer relationship. The authorities also supervise the lawfulness of commercial practices subsequent to the conclusion of an agreement with the customer, for example practices relating to the speed of customer service and the handling of the complaints. Furthermore, according to the authors, the traders must be aware that a breach of the prohibition on unfair commercial practice does not require that a consumer has actually made a transactional decision or that the commercial practice has actually caused damage to a consumer.

Chapter B4 handles the risk of confusion, which is regulated in chapter 2 paragraph 5 of the Consumer Protection Act. The risk of the confusion shall be likely to lead to a situation where the consumer takes a transactional decision which he would not have taken otherwise. According to the authors, the supervision of the comparative advertising is usually in the interest of the competitors rather than the authorities. It is pointed out that most case law relating to comparative commercial practices deals with the way in which the competitor has referred to the products or services offered by the other trader and the claim the traders' own prices are lower than the competitors without naming any of them.

 

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