A Comparative Analysis of Advertising and Food Safety
Private Regulation series
Chapter 5: Interplay between advertising code enforcement and public enforcement
The private regimes in the UK, France, Germany and the Netherlands have developed elaborate procedures to promote and ensure compliance with the advertising codes they oversee. This chapter examines the relationship these regimes have developed with public enforcement mechanisms, in particular national courts and administrative authorities (that is, independent regulatory agencies, ministerial inspectorates or local authorities) in the fields of competition, consumer protection and/or media. It compares – across the four jurisdictions – the interplay between advertising code enforcement and public enforcement, determines the conditions that enable public administrative authorities to collaborate with the private regimes and identifies the roles that courts play in the enforcement of advertising codes.
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