Chapter 8: Advertising Law
ADVERTISING AND MARKET INTEGRATION In modern marketing conditions, a successful commercial strategy involves more than offering a product or service for sale. Closely interwoven with the product or service is the advertising campaign which supports it. For new brands, in particular, it is scarcely conceivable that significant numbers of consumers will be induced to buy an unfamiliar product or service in the absence of investment in a strategy designed to draw consumers’ attention to the qualities of the newcomer to the market. This is plainly of particular relevance to the process of European market integration. A traditional French product will be unlikely to make much headway into the German market, where it is unknown, unless accompanied by an advertising campaign and sustained by an effective distribution network. Advertising is a major feature of the modern market economy and it is indispensable in securing changes in existing market patterns. Such introductory comments identify advertising as a method of consumer information and a basis for widening consumer choice. Adopting such a positive perspective, it should be encouraged – or at least not suppressed. Some of the case law discussed in Chapter 2 reflects this perception. In GB–INNO–BM v. CCL,1 for example, a national law which prevented the provision of information to consumers by an advertiser was held incompatible with Article 28 (ex 30) as an unlawful obstacle to the free movement of goods. The impediment to an advertising technique affected the capacity of a cross-border trader to penetrate a new...
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