Share on LinkedInShare on LinkedIn

ARTICLE · 12 OCTOBER 2015

A High Water Mark For Comparative Advertising In Ireland

A recent decision in a dispute between Aldi and Dunnes Stores suggests that, despite the pointers from the CJEU, comparative advertising is a dangerous game to play in Ireland. Matheson's Alistair Payne explains.

IrelandMedia, Telecoms, IT, Entertainment

A recent decision in a dispute between Aldi and Dunnes Stores suggests that, despite the pointers from the CJEU, comparative advertising is a dangerous game to play in Ireland. Alistair Payne explains.

1 MINUTE READ

Comparative advertising law should encourage competition while ensuring that consumers are not misled. But a recent decision in Ireland – Aldi Stores (Ireland) Limited and Aldi GMBH and Co v Dunnes Stores – concerning groceries suggests that it will be hard to defend comparative advertising in practice. This is despite Ireland's implementation of the EU Comparative Advertising Directive and CJEU case law saying that the conditions required for comparative advertising must be interpreted in the sense most favourable to it. As such, the decision raises serious questions as to whether the law is out of step with commercial reality, at least in the grocery sector. Given that many companies export goods to Ireland, the decision has implications beyond

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from