Avoiding the pitfalls of comparative advertising

Businesses which regularly use comparative advertising to get a leg up on their competitors and who want to avoid being hauled in front of the Federal Court for falling foul of the Competition and Consumer Act 2010 (CCA) would do well to have regard to the simple lessons that can be learned from the Federal Court decision of Samsung Electronics Australia Pty Limited v LG Electronics Australia Pty Limited¹ (Samsung v LG).

In Samsung v LG, Nicholas J was required to consider whether certain representations made by LG were misleading or deceptive or false or misleading in contravention of sections 18 and 29(1)(a) of Schedule 2 to the CCA, the Australian Consumer Law (ACL).

The representations that were the subject of the proceedings were made to members of the Australian public in respect of LG's Cinema 3D television.