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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Law of Comparative Advertising: Directive 97/55/EC in the United Kingdom and Germany

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Ansgar Ohly, Michael SpenceFellow and Tutor in Law, St Catherine's College, Oxford

ISBN13: 9781841131177
ISBN: 1841131172
Published: January 2000
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

Despatched in 6 to 8 days.

This work analyses the comparative advertising directive, offering background both to the regulation of comparative advertising in the United Kingdom and Germany and to the passing of the directive. It should provide an understanding of recent thinking on comparative advertising from Germany, where the directive has been the subject of extensive debate. The book also has four appendices in which UK, German and European material is given.

The directive applies to any advertisement (or indeed any representation made to promote goods or services) that explicitly or implicitly identifies a competitor. It therefore has the potential to regulate such claims as ""the best bookseller in Oxford"" and could have a dramatic effect on UK advertising practice. It is an important first step in the Commission's programme of unfair competition harmonisation.

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Consumer Law
Comparative advertising in the United Kingdom: self-regulation; common law; statute; conclusion. Comparative advertising in Germany: the history of S1 UWG; the application of S1 UWG to comparative advertising; the judicial implementation of the Directive. The history, scope and exclusivity of the Directive: history of the Directive; scope of the Directive; exclusivity of the Directive. The substance of the Directive: the apparent purpose of the Directive; comparative advertising incapable of assisting rational consumer choice; comparisons that do more than is necessary to assist rational consumer choice. The implementation of the Directive. The way forward. Appendices: United Kingdom materials; German materials; European Community preparatory materials; Directive 97/55/EC (OJ 1997 L290/18).