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Attorney-at-Law Michael Horak, graduate engineer (Electrical Engineering), LL.M. (European Law)
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>Start >Overview >Practice >Advertising Law
>Start
>Competition Law
>EC Competition Law
>Admonishment

Law on competition:

  • What is it about? Law on competition – FAQ
     
  • There is a risk involved in proceedings in the area of competition law which involve among others the examination of an advertisement in question and issuing an admonishment in order to avoid legal proceedings.
     
  • Comparative advertising in practice: “It may be allowed to compare an apple with a pear, an apple, however must not be presented as a pear.” Until now, according to adjudication, comparative advertising has generally been inadmissible. Because of the European directive on comparative advertising, according to which comparative advertising is permitted, this adjudication has been rescinded. According to the directive, which has in the meantime been implemented, comparative advertising is generally permitted as long as it complies with a number of requirements contained in the directive.
     
  • A sample of an admonishment under §§ 1,2,3 of the Act against Unfair Competition, i.e. also against misleading advertisements not complying with competition law (including comparative advertisements).

 

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