Marketing and Advertising Law in a Process of Harmonization

Author: Ulf Bernitz, Caroline; Heide-Jorgensen
Publisher: Hart Publishing
ISBN: 9781509900671

Published In: May 2017
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509932122

List Price: RM702.00

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Description
Contents

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The law on marketing and advertising has undergone profound changes based on the EU directives on unfair commercial practices and misleading and comparative advertising.

The legislation is partially requiring full harmonization and contains a comprehensive blacklist of prohibited practices.

However, in other areas only minimum harmonization is required. A comprehensive case law from the EUCJ has emerged but still many issues remain open, unclear and debated.

The EU Commission has issued several reports and is about to publish revised, comprehensive Guidelines on marketing business to consumer (B2C) in 2015, intended to be discussed in the book.

New Commission initiatives in the area on business to business (B2B) marketing are also in the making, meaning this collection is much needed.

1. Introduction: Marketing and Advertising Law in a Process of Harmonisation

Ulf Bernitz and Caroline Heide-Jørgensen

2. Commercial Speech and its Limits-Fundamental Rights and Comparative Constitutional Aspects

Caroline Heide-Jørgensen

3. Ethics, Taste and Decency Considerations in Advertising

Frauke Henning-Bodewig

4. The Unfair Commercial Practices Directive: Full Harmonisation, Scope and Key Notions

Jules Stuyck

5. Interpretation and Assessment under the Unfair Commercial Practices Directive-the ICC Code for Advertising and Marketing and the Commission's Staff Working Document

Jan Trzaskowski

6. The 'Fitness Check' of the MCAD and UCPD

Bert Keirsbilck

7. The Impact of the UCP Directive on National Fair Trading Law and Institutions: Gradual Convergence or Deeper Fragmentation?

Antonina Bakardjieva Engelbrekt

8. B2B and B2C Marketing Practices -the Case for an Integrated Approach

Palle Bo Madsen

9. Applying the UCP Directive in Practice: The Norwegian Experience

Tore Lunde

10. Enforcing Unfair Competition Law Cross Border: Cooperation Mechanisms and Consumer Redress-Does the System Work?

Astrid Stadler

11. Unfair Competition Law: How Can It Work as an