Doctrine

Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7

This contribution contains a commentary on Cass. com., 4 December 2012, No. 11-22729.  The author criticizes the court's decision and disagrees with the statement that not mentioning that some traders have paid for a privileged display of their offer is likely to distort the average consumers' economic behavior. Indeed, the author considers that at this stage, the consumer is still searching information and may click on several offers regardless of their position in the price comparison engine webpage. In addition, those websites usually offer options allowing users to sort the offers by different criteria, which allows consumers to purchase knowingly.