Legal Literature

  • Legal Literature Details
    • Member State: Finland
    • Title: Market practices 2012
    • Subtitle:
    • Type:
    • URL:
    • Author: E. KOIVUMÄKI and P.HÄKKÄNEN
    • Reference: Markkinointijuridiikka 2012, 2012, WS Bookwell Oy
    • Publication Year: 2012
    • Keywords: comparative advertising, unordered product
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2., (a)
  • Headnote
    Chapter B9 discusses the prohibition of unsolicited supply of products. According to the authors, this provision secures the right of the consumer to make a voluntary transactional decision. Furthermore, any products delivered to the consumer shall include a clear indication that the consumer is not obliged to pay anything or return a gift or sample and that he does not need to react in any other manner to the delivery in the event he does not want to use the advertised offer.

    Chapter C4 discusses the provisions on comparative advertising. According to the authors, comparative advertisements are often untruthful or do not compare relevant facts against each other impartially. Moreover, the problem frequently arises that a comparison turns out to be untruthful due to the fact that the information regarding a competitor has been outdated and therefore incorrect. Furthermore, the compared facts are often irrelevant when considering the general picture or they give a misleading image of the actual matter.
  • General Note
    Other chapters of this book are submitted in this database also.
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