Dissertations / Theses on the topic 'Misleading advertising'

Darbe aptariami reklamos reglamentavimo Lietuvos ir Europos Sąjungos teisėje klausimai, siekiama atskleisti pagrindines su tuo susijusias problemas bei pasiūlyti jų sprendimo būdus. Darbe apžvelgiami skirtingų rūšių reklamą reglamentuojantys teisės aktai, analizuojami šiuose aktuose pateikiamų gaminių ir paslaugų reklamos sąvokų skirtumai, nagrinėjami pagrindiniai reklamos draudimai bei apribojimai, vertinami jų tikslai ir veiksmingumas, apsaugant visuomenę nuo neigiamų reiškinių reklamoje, pateikiami praktinių pažeidimų, susijusių su viešu reklamos skleidimu, pavyzdžiai bei jų vertinimas. Nagrinėjant reklamos teisinio reglamentavimo problematiką, pateikiama pavyzdžių iš Lietuvos teismų ir Konkurencijos tarybos praktikos, nes būtent ši praktika aiškiausiai atskleidžia atskirų reklamą reglamentuojančių teisės normų taikymo problematiką. Darbe pateikiamos išvados ir pasiūlymai, kaip galima būtų liberalizuoti reklamos ribojimą, nesudarant sąlygų piktnaudžiauti vis stiprėjančia reklamos įtaka eiliniam vartotojui.
The work discusses questions of advertising regulations in Lithuanian and European Union law, tries to reveal main problems of the regulations and suggests the ways of solving them. The work reviews different legal acts regulating advertising, analyses differences of various products and services advertising definitions, examines main prohibitions and restrictions of advertising, evaluates their objectives and efficiency of protecting society from negative aspects of advertising, presents examples of practical violations in public advertising and gives their evaluations. Problematic of legal advertising regulations is analyzed through presenting the examples in Lithuanian court and Competition Council cases, for this kind of practice points out main individual problems of legal advertising regulations. The work gives conclusions and suggestions how to liberate advertising restrictions in the way not to create possibilities to abuse a regular user with growing influence of advertising.

The theoretical part is divided into four chapters. The first chapter deals with competition, the second chapter is about Czech law advertising regulation and about Community law. The third chapter describes misleading advertising and the fourth chapter deals with FMCG. The practical part analyzes current ads. The first chapter describes the method of analysis. The second chapter deals with use of misleading and the third chapter analyzes misuse of truthful information in advertising. The last chapter focuses on the advertising hyperbole.

La présente étude propose d'envisager la publicité dans son ensemble, à l'épreuve de la directive du 11 mai 2005 relative aux pratiques commerciales déloyales. L'étude s'efforcera de mettre en relief les apports de la directive au droit français de la publicité. La directive du 11 mai 2005 entend s'appliquer aux pratiques commerciales déloyales des entreprises vis-à-vis des consommateurs. Pour ce faire elle instaure un cadre juridique inédit. Elle consacre une nouvelle expression : celle de « pratiques commerciales » comprenant la publicité. Cette approche extensive, est accompagnée d'une liste détaillée et conséquente des pratiques déloyales sachant que la directive dont l'objectif est d'assurer un niveau de protection élevé au consommateur tout en contribuant à la réalisation du marché intérieur, s'impose aux États sans que ceux-ci ne puissent prévoir de mesures plus strictes que celles qu'elle prévoit. De ces considérations, émerge l'idée d'absorption de la notion de publicité par celle de pratiques commerciales. Celle-ci s'accompagne de l'absorption du régime juridique de la publicité par celui des pratiques commerciales d'une part, en raison de l'harmonisation prescrite par la directive et d'autre part, en raison de la liste pléthorique de pratiques commerciales déloyales établie par la directive. Ceci permettant de conclure que désormais la publicité n'est qu'un sous-ensemble compris dans l'ensemble plus vaste de celui des pratiques commerciales déloyales
The present study proposes to consider advertising as a whole, the test of the directive of 11 May 2005 concerning unfair commercial practices. The study will seek tohighlight the contributions of the directive in the french advertising law. The directive of 11May 2005 is intended to protect european consumers against unfair commercial practices.This directive is intended to creates a unique legal framework. It involves a new term: the “commercial practices” including advertising. This broad approach is accompanied by adetailed and consistent list of unfair practices, knowing that the directive which aims to ensure a high level of consumer protection while contributing to the achievement of the internal market, is obligatory for states without that they can not provide more stringentmeasures than those provided. These considerations, the idea emerged to absorb the conceptof advertising that commercial practice. This is accompanied by the absorption of the legal regime of the advertising commercial practices, firstly, due to the harmonization required by the directive and secondly, because of the bloated list of unfair trade practices established by the directive. This allows to conclude that advertising is now a subset included in the larger whole of the unfair trade practices

碩士
東海大學
法律學系
106
Advertising is one of the most crucial way to get product information. Especially, the development of the Internet lead to the growing of advertising. However, it has resulted in many social problems at the same time. Two of the most detrimental types of adverts which cause those problems to people are the deceptive and misleading advertising. In Taiwan, there are regulations about that, however, it is not enough that the government mainly adopts administrative control over them. Although people can ask them to take on civil liability, they will face the problem that people can not prove their causations. As a result, the criminalization of deceptive and misleading advertising should be discussed more extensively. This article is based on the Fair Trading Act, and make comparisons with Germany's Unfair Competition Law. According to the research results, the damage done by the act has exceeded the tolerance of the society, and should be punished. In the meantime, Criminal Fraud is incapable to solve the problem of deceptive and misleading advertising, therefore, those adverts should have criminal liability.

碩士
淡江大學
歐洲研究所
87
Title of Thesis : Misleading-advertising Regulation in the European Community Total pages: 202 Key word : Misleading advertising、advertising law、European Community Name of Institute : Graduate Institute of European Studies , Tamkang University Graduate date : June, 1999 Degree conferred: Master Name of student : Chen Hung-Jian Advisor: Dr.Huang Ming-Jie 陳　鴻　建 黃　銘　傑　博士 Abstract : Since the European Economic Community (EEC) was established in 1957 , the advancement of harmonization of a single market and the tendency of consciousness of consumer protection among Member States have impelled the EEC to implement consumer protection policy . Because advertising relates not only to the EEC consumer protection but also to the cross-border marketing , the EEC published the Preliminary Draft Directive on Misleading and Unfair Advertising for positive approximation of the regulation of advertising . Through many amendments , the Directive on misleading advertising was finally adopted in 1984 . The Directive , however , is only a minimum harmonization formula . Because the advertising business opposed the European Community (EC) adopting a strict regulation , and owing to the EC consumer protection policy relating to the competence between the EC and Member States , the EC consumer protection policy always presents ambiguous state . The Directive on misleading advertising is no exception . That’s the reason why , the EC adopted a new directive in 1997 amending the Directive , the new Directive only includes regulations concerning comparative advertising , going no further to regulate the other kind of advertising practices . The 1984 Directive includes the substantive and procedural provisions . In terms of the substantive provisions , they define the scope of application of the Directive ; the requirements and the sanctions of misleading advertising . As for the procedural provisions , they require the Member States supply their nationals with due remedies . Moreover , the Directive doesn’t exclude the voluntary control of misleading by self-regulatory bodies if the existing legal proceedings of the court or administrative authority in the Member States are appropriate . Because the Directive is only a minimum harmonization formula , it must be decided by the European Court of Justice according to the Article 30 of EC Treaty whether different advertising laws of the Member States impede free movement of goods in the EC . On the one hand , the object of this thesis is to observe the harmonization formula of the EC through the process of making the Directive . On the other hand , is to explore the content of the Directive and the operation of European Court of Justice in practice . The thesis intends to offer suggestions for Taiwan’s government , when amending the regulation of misleading advertising , and for Taiwan’s enterprises when marketing in the EC .

碩士
國立成功大學
高階管理碩士在職專班
95
This study aims to discuss the contents of deceptive or misleading advertising in the last two years in Taiwan from six aspects of advertiser, advertising media, advertisement object, type of violation of law, source of handling and amount of penalty; the relations between the advertisers, advertising media, advertisement objects and types of violation of law of deceptive or misleading advertising; the influence on the amounts of penalty on deceptive or misleading advertising cast by the four factors of advertiser, advertising media, advertisement object and type of violation of law; and the variation of the contents of deceptive or misleading advertising in Taiwan. This study has analyzed the penalty cases of deceptive or misleading advertising from Fair Trade Commission in the past two years. The results show that: 1. In terms of the advertisers of deceptive or misleading advertising, the dominant organizational form is limited company, of which medium sized enterprises with a total capital of 1,000,001-100,000,000 Taiwan dollars are dominant. In terms of advertising media, Taiwan-wide media are dominant. The dominant media mode is Internet. In terms of advertisement objects, tangible commodities are dominant, and body slimming and cosmetic advertisements are the dominant object type. 2. In terms of types of violations of law, violations in commodity service is dominant. In terms of advertising method, falsely descriptive advertisements area dominant. In terms of handling sources, those starting from the surveys of Fair Trade Commission or other administrative authorities are dominant. In terms of penalty amounts, the maximum amount borne by the advertiser is 6,150,000 Taiwan dollars, and the minimum amount is 50,000 Taiwan dollars. The advertisements subject to a penalty of less than 200,000 Taiwan dollars account for 50%. 3. There are certain relations between advertisers and advertising media, advertisers and types of law violations, advertisement objects and advertising media, advertisement objects and types of law violations, advertising media and types of law violations, of deceptive or misleading advertising. 4. The statistical results show that the penalty amounts distinctively vary with the organizational form and total capital of the advertiser, the spreading area and media. The penalty amounts do not vary distinctively with marketing combinations and advertising methods, or handling sources.

碩士
國立雲林科技大學
企業管理系
107
Green advertising has been researched and strengthened by scholars recently. However, the evidence that many green ads are often misleading or doubtful to consumers. As a result, consumer attitudes toward green advertising are reduced. The purpose of this paper is to assess the difference in consumers attitudes toward green advertising contains messages claim and endorser participation for green products in Vietnam market. A conceptual framework was developed based on previous studies investigating the relationship among message claim (vague claim, false claim) and endorser (celebrity, expert) to compare attitude toward advertising of consumers. Environmental concern and environmental knowledge are considered moderator variable impacting on attitude toward advertising. A survey was conducted with 462 participants who live in Hanoi, Vietnam. Online questionnaires were used to collect the main data. The results of study 1 and 2 revealed advertising containing a claim message or participation of endorser appeal to consumers more than unused ads. Moreover, consumers feel more comfortable with messages containing vague claim than with false claim. The result of study 3 showed that in advertising with the combination of messages claim and endorser, vague claims minimize negative attitudes towards greenwashing advertising stronger than false claim. In addition, for consumers with high environmental knowledge or high environmental concerns, their attitude toward green advertising contain vague claim more positive effect than false claim. In contrast, there is no difference between vague claims and false claims in attitudes towards green advertising for consumers with low environmental knowledge or low environmental concerns. This is clearly shown in the results of study 4.

碩士
國立臺灣大學
商學研究所
91
“Low Fat”, “High Calcium”, “No Cholesterol”, “20% less fat”, these claims are often heard in food advertising. Due to the lack of comparison base point, or omission of some important attributes, these claims are often misleading. The study focuses on the information processing process taken by consumers and intends to see if ad claim types and disclosure types have influence on the process. The study also discusses the current Food Advertising and Labeling Law’s impact on consumer protection. The results show: 1. Consumers seeing specific ad claim will generate more misleading beliefs than those seeing general ad claim or the control ad. 2. Consumers seeing disclosure are less apt to be misled by advertising claims than those who do not see disclosure. And negative framed disclosure works more effectively to prevent consumers from forming misleading beliefs and generalizability effect than positively framed disclosure. 3. Consumers with high knowledge generate more misleading beliefs than those with low knowledge, indicating that illusory correlation effect occurs on consumers with high knowledge. 4. On the interaction effect: (a). Consumer’s knowledge level interacts with ad claim types. Consumers with medium knowledge are more vulnerable to form generalizability effect and misleading beliefs when seeing specific ad claim than when seeing general ad claim type. (b). Consumer’s frequency of reading nutritional labels interacts with ad claim types. Consumers who used to read nutritional labels are more vulnerable to form generalizability effect than those who do not used to read labels.

碩士
國立臺北大學
不動產與城鄉環境學系
99
Advertising plays a role in the transaction of real estate as a communication tool to exchange product information between buyers and sellers. The differences in interpretation of the advertising contents between buyers and sellers are the reasons that contribute to dissensions after transactions. When this problem arises, the attribution of responsibility for false advertising will emerge. Whether the buyer buys the defected product because of false advertising; or the seller claims that it has done all the descriptive obligations for the important parts of the contract and therefore is not responsible for this admissible advertising error. How the burden of proof is allocated will play a role for offensive and defensive actions in the civil court. Our research data came from the law information retrieval database which used 164 Taiwan High Court judgments for examination. The timeline is from 1998 to 2010. After categorization, we can investigate and analyze the reasons, types and offensive and defensive actions for false advertising disputes. This paper examined civil judgments while taking economic efficiency as the law economic starting point. We investigated to see whether or not the existing legal mechanism can resolve burden of proof disputes in real estate false advertising. By viewing different types of burden of proof allocation parties from a transaction cost perspective, we compared relative cost-effectiveness with the system, and offered suggestions for law adjustments and amendments. The current system does not comply with the law of justice and the fairness, we must make appropriate adjustments.

碩士
國立臺灣科技大學
科技管理所
104
Online shopping platform is a type of sales channels, and its Internet advertisements plays a crucial role for consumers in the consumption pross. Furthermore, with the development of e-commerce, online shopping has integrated into the overall sales of goods processes to a certain extent, or even has replaced the brick and mortor sales and become a major channel for some retailers. Therefore, it is important and urgent for businesses or the the public to clarify the responsibilities of false or misleading online advertising of online shopping platforms. Also, in order to bulid a more mature e-commerce business environment, a comprehensive and detailed legal regulation system should be understood by all related parties. In this regard, Taiwan's regulations of Internet advertising was mainly enacted in the Fair Trading Act article twenty-one, supplemented by the relevant interpretative norms. Inaddition, because of the specialities of online shopping platform, constituting a unique mode of regulation. This study classified and sorted all the cases which online shopping platforms were punished because of the violations of unlawful advertising practices laid down in Fair Trade Law Article twenty-one. From the cases discussed in the study, we can find out the attitude and the logic for law enforcement of Taiwan’s Fair Trade Commission, Executive Yuan and the Administrative Court. In addition, this study also explored the US Federal Trade Commission Act principles of the US Federal Trade Commission judge handling false advertising, as well as the related specifications of state courts for false advertising. Through investgate the similarities and differences of law enforcement and judgment standards between the two countries, this study will make recommendations for online shopping platform’s adverting.

The selected unfair competition practice and protection against such practice The aim of the thesis is to analyze the phenomenon of misleading advertising and the possibilities of legal protection against that kind of unfair competition, within the comprehensiveness of Master's diploma thesis. I deal with the topic predominantly from the private law point of view. The aim of the thesis is, first, to summarize unfair competition and related terminology and, next, to outline its different aspects in detail and present related instruments of legal defence. The thesis consists of nine chapters. Each of them is concerned with different aspects of unfair competition. The Introduction describes the thesis topic, the structure of the thesis and its aim. Chapter One defines the term 'competition' and describes the law regulating the right to competition, its limits and normative basis. Chapter Two focuses on market competition and consists of two parts. The first one concentrates on legal definition of the term 'competition' and its general interpretation. The second one is addressed to competition law and its division. Chapter Three explains the term 'unfair competition' and presents a detailed survey of subjects in unfair competition. Following subchapters examines 'competitors', 'consumers', 'other...

Dissertação com vista à obtenção do Grau de Mestre de Direito na especialidade de Direito e Gestão
A presente dissertação tem como propósito discutir um tema de grande relevância atual que se refere ao tratamento jurídico conferido ao conteúdo publicitário veiculado por influenciadores digitais no setor da moda, nomeadamente no tocante à publicidade enganosa e publicidade oculta. O foco do trabalho é investigar se há casos de publicidade enganosa e publicidade oculta veiculada por fashion digital influencers, especialmente no âmbito das redes sociais, e, em caso positivo, quais as soluções jurídicas disponíveis e a sua eficácia. Para tanto, a dissertação inicia-se abordando o contexto históricoevolutivo da moda e como este fenômeno afeta diretamente a forma como a publicidade é concebida e veiculada. No segundo capítulo, passa-se à análise dos instrumentos jurídicos aplicáveis à publicidade, tendo como base a legislação comunitária e a sua respectiva transposição para o ordenamento jurídico português. São abordados os princípios legais relativos à publicidade em geral e os constrangimentos jurídicos relativos à publicidade enganosa e à publicidade oculta. Após a análise teórica, é feita uma análise sobre a dificuldade prática em se comprovar a relação contratual existente entre anunciante e influenciador digital. Na terceira parte deste trabalho são apresentados os mecanismos de sanção tradicionais, tais como a tutela de contraordenação e a autorregulação publicitária, e em seguida é feita uma análise crítica da eficiência destes mecanismos em comparação com a tutela informal gerada pelo poder de influência da sociedade nos conteúdos publicados pelos influenciadores digitais. 8 O quarto capítulo buscou mapear o panorama da publicidade veiculada em redes sociais. Para tanto, foi feito um levantamento dos principais casos internacionais em que influenciadores digitais sofreram algum tipo de processo por veicularem publicidade enganosa ou oculta. Constatou-se que atualmente ainda há uma significativa impunidade em relação aos fashion influencers.
The purpose of the following dissertation is to discuss a topic of current relevance that refers to the legal treatment applied to the advertising content conveyed by fashion digital influencers, namely regarding to misleading advertising or undisclosed advertising. The focus of the work is to investigate whether there are cases of misleading or undisclosed advertising carried out by fashion digital influencers, specially within the scope of social networks, and, if confirmed, what are the legal solutions available, as well as their effectiveness. The dissertation begins by addressing fashion’s historical-evolutionary context and how this phenomenon directly affects the way advertising is conceived and conveyed. In the second chapter, the legal instruments applicable to advertising are analyzed, based on Community legislation and its respective transposition into Portuguese legal system. Also, the legal principles related to advertising and the legal constraints applicable to misleading or undisclosed advertising are analyzed. After the theoretical study, it is presented a practical analysis concerning the difficulty in proving the existing contractual relationship between the advertiser and the fashion digital influencer. The third part of this work presents the traditional mechanisms of sanction, followed by a critical analysis of the efficiency of such mechanisms in comparison with the informal supervision generated by society’s influence in the content published by digital influencers. 10 The fourth chapter sought to map the social network advertising panorama. In this regard, a research was conducted to analyze the main international cases in which a fashion digital influencer underwent some type of formal process/representation for publishing misleading or undisclosed advertising. As a conclusion, it was found that currently there is still significant impunity in relation to fashion influencers.

Selected issues of unfair competition and legal protection against such conduct The purpose of my thesis is to analyse one of the most frequent unfair competition practice, the misleading advertising and the possibilities of legal protection against this practice. The thesis is composed of six chapters, each of them dealing with different aspects of unfair competition. The first chapter describes various attempts on the definition of the economic competition and explains the terms as economic aspect and benefit. The legal regulation of the economic competition includes direct and indirect regulation. Indirect regulation is based on exclusion of certain items or goods from the trading and on supervision of another category of items. Direct regulation is devided into antitrust law, that prevents elimination, restriction or another violation of economic competition, and into competition law, that prohibits the competitors from using unfair practices in the battle for customer. In the second chapter the unfair competition, its development and its subjects are covered. One of the most essential elements of an unfair competition, the "general clause" concept, is outlined in this chapter by characterization of its attributes and its relationship to special states of facts of an unfair competition. Certain...

Resumé Community Law Against Unfair Competition The purpose of my thesis is to analyze the European legislation on unfair competition, its application by Court of Justice of the European Union (hereinafter referred to as "CJ EU") and its implementation into Czech law. The thesis is composed of six chapters. Chapter One is dedicated to the general explanation and description of the unfair competition and its subjects. Chapter Two examines the background and evolution of the harmonization process on unfair competition on European level and summarizes present applicable directives. It also provides a brief note on respective Czech regulation in which these European directives were implemented. Chapter Three is dedicated to the subject of misleading advertising as defined by the Directive 2006/114/EC. The first part of this chapter provides a description of misleading advertising, second part illustrates the approach of CJ EU in its decisions. Third part is concerned with the Czech regulation of misleading advertising while it can be concluded that Czech regulation is sufficient according to required European standard without further need of implementation. Chapter Four is concerned with the comparative advertising and is subdivided into three main parts. Its first part contains a summary of conditions under...

European Law Against Unfair Competition Resumé This diploma thesis deals with the European (EU) law against unfair competition, or more specifically with the legal regulation of two directives of European Union, which are the ones for the european law against unfair competition most significant, Misleading and Comparative Advertising Directive and Unfair Commercial Practices Directive. The purpose of this thesis is to provide comprehensive and understandable overview of the legal regulation of both above mentioned directives, to analyze selected judicature of the Court of Justice of the European Union related to these directives, to briefly outline interpretation problems arising from the transposition of both directives to the Czech legal order, which were identified by professional literature. The content of this diploma thesis is divided into 5 main chapters. After the Introduction follows the chapter briefly defining the main notions, economic competition, competition law, the law against unfair competition and unfair competition. The second chapter deals with the development of the European Law against unfair competition till the present day. The third chapter provides overview of the legal regulation of Misleading and Comparative Advertising Directive, describes factual basis of the misleading...

European law against unfair competition This diploma thesis deals with the regulation of European law against unfair competition in the Directive on unfair commercial practices as well as in the Directive concerning misleading and comparative advertising. The aim of this thesis is to provide a comprehensive explanation of the areas of the law against unfair competition regulated by these directives with regard to relevant jurisprudence of the Court of Justice of the European Union, another objective is to evaluate the success of transposition of this regulation into czech national law. After the introductary part, the thesis is diveded into six chapters. The first chapter briefly defines the status of the law against unfair competition in the legal system, interprets the basic terms and describes the role of the Court of Justice of the European Union. The second chapter is dedicated to the evolution of the law against unfair competition at the level of European Union. The third chapter is dedicated to misleading advertising and its regulation by the Directive concerning misleading and comparative advertising, the fourth chapter is dedicated to comparative advertising regulated by the same directive. The fifth chapter deals with unfair commercial practices in business to consumer relations regulated...

1 The concept of an average consumer under Czech and European law RESUMÉ: The thesis is focused on the role of a so called average consumer under the law of unfair competition; namely concerning advertising and misleading labelling. The concept of an average consumer is being analysed under written law as well as in jurisprudence. The Czech and European laws are emphasized but other legal systems are also mentioned. A description of a current situation and history of the concept are accompanied by considerations de lege ferenda. Mainly the term consumer is being criticized as not quite suitable within the context of unfair competition. Unlike under the contract law, here the consumer does not represent an acting entity but a target or a prey. The current trend of weakening consumer's position-and therefore exaggeration's easing in advertising-is also criticized. Generally speaking, the advertising as such is being denounced; in particular because it harms the consumer and thus it is buck passing to speak about a consumer's protection while protecting and helping a competitor in reality. The thesis deals with practical impacts of misleading labelling on a consumer (and/or a competitor). According to its own methodology, it divides the misleading labelling into three categories: promotional, unsatisfactory...

The Comparative Advertising - development of regulation in the Czech legal order Resumé My thesis analyzes the legal regulation of the comparative advertising in the Czech Republic. It deals not only with the current legislation, but it looks at the historical development and future perspectives too. The goal of my thesis is to provide a thorough guide to the development of its legal regulation within the particular eras of the Czech history, describe different approaches of legislators, judges and professionals, and eventually, I try to evaluate the current situation and draw conclusions. At the very beginning after my introduction I put a short chapter containing a few words about the term "comparative advertising" itself and about the different types of comparative advertising. Then, in the following chapter I chronologically address the issues of legal legislation in the history of the Czech Republic: the first part is dedicated to the time period of so called "First Republic" and its Law on protection against unfair competition and its vast judicature. The second part is concerned with the socialist era in our history, the complete rejection of the economic competition as such and the logical decline in the interest in the unfair competition legislation. The last two parts of this chapter mention the...

European Law Against Unfair Competition Abstract The scope of this thesis is intended to cover mainly two branches of the European law against unfair competition. Those two branches were recognized in (i) business-to- business relations governed mostly by the European Union Directive 2006/114/ES and in (ii) business-to-consumer relations governed by the European Union directive 2005/29/ES respectively. Taking in consideration the above-said, it can be stated that this thesis predominantly analyzes what should be in more precise way called as "European Union law against unfair competition". The thesis is divided into ten chapters while five of them should be considered as the leading ones. First of them is the chapter number five dedicated to B2B relations. The author examines the respective directive 2006/114/ES also to the extent of its relevant jurisprudence of the European Court of Justice. The same approach was chosen to describe functioning of B2C relations under directive 2005/29/ES in chapter number seven. Chapter number six focuses on so called "Average Consumer" model that has been found as one of the most important elements of EU law against unfair competition. Because of its exceptional relevance, chapter six deals with the average consumer in a very detail, emphasizing important role of the...

European Law Against Unfair Competition Abstract The diploma thesis deals with the "European law against unfair competition" and the emphasis is placed on providing understandable and comprehensive summary of European law represented by two leading directives of the European Union. The first one is called Unfair Commercial Practices Directive and it focuses on relations between businesses and customers, while the second one, called Misleading and Comparative Advertising Directive, concentrates on business to business relations. Moreover, the realm of unfair competition is richly complemented by the jurisprudence of the Court of Justice of the European Union, which dedicates many of its rulings to this problematic due to its indispensable significance. The content of diploma thesis is divided into several chapters. The chapter following the Introduction gives brief definitions of the terms typical for this branch of law, for example competition or average consumer. The third chapter takes into account historical development of unfair competition at European union level and its direct impact to Czech legislation. For this reason, the fourth chapter includes a short discourse about unfair competition from the point of view of the latest Czech Civil Code. Questions relating to consumers and protection of their...