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November 2010

Legal Alert - Comparison of Interchangeable Products Misleading if Information is Missing 

In Lidl SNC v Vierzon Distribution SA before the European Court of Justice, Lidl argued that Vierzon’s advertisement comparing prices was misleading. Vierzon compared the total price for a list of products bought at two supermarkets without showing the qualitative differences between the products on the till receipts.

According to the European Court of Justice an advertisement making comparisons has to show sufficient information of the features that significantly affect the consumer’s choice.

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