A brand using comparative advertising to boast lower prices than its competitors must clearly indicate, if such is the case, that the comparison was made between shops of different sizes or formats, the Court of Justice of the EU ruled on Wednesday 8 February.
This case (C-562/15) concerns a dispute in France between the brands Carrefour and Intermarché. The former launched an advertising campaign comparing the prices of 500 products from major brands found in its shops and in rival...