Glossary A–ZLetter C
Comparative advertising
Comparative advertising is advertising that identifies a competitor or its goods or services, whether explicitly or by implication.
In Germany it is permitted in principle, but only under certain conditions. These are set out in section 6 of the Act against Unfair Competition (UWG).
Under these rules, a comparison is only permitted if, for example, it relates to goods or services meeting the same needs and objectively compares material, relevant, verifiable and representative features or the price. Among other things, it is prohibited if it denigrates the competitor, creates confusion or takes unfair advantage of the competitor's reputation. An example: a price comparison of two similar products with date and source is more likely to be permissible than the claim that the competition is “inferior”.
On screens, comparative advertising is tricky because there is little room for explanation and prices change quickly. A comparison that was correct yesterday may be wrong today. Operators should give such creatives an expiry time and keep the evidence to hand. Some professions and industries are subject to additional, stricter rules. This glossary is not legal advice.