Which conditions apply to competitor comparisons on a business website?

Definition: Comparative advertising is advertising that identifies a competitor or its goods or services, explicitly or by implication. Under Article 4 of Directive 2006/114/EC, a promotional comparison on a business website is permitted when it meets all the conditions governing the comparison.

Key facts

• EUR-Lex's Directive 2006/114/EC requires products serving the same needs or purpose and an objective comparison of material, relevant, verifiable and representative features under Article 4(b) and (c).
• The Unfair Commercial Practices Directive covers factually correct information whose presentation deceives consumers and affects their transaction decisions under Article 6(1).
• The Court of Justice's Carrefour judgment requires the shop-format difference in the price comparison before it to appear clearly in the advertisement itself, under paragraph 38.

When does a website comparison count as advertising?

As of 17 October 2026, Article 2(a) of the Misleading and Comparative Advertising Directive defines advertising as a representation in any form made in a business context to promote the supply of goods or services. This covers a website comparison promoting those goods or services. Article 2(c) includes comparisons that identify a competitor by implication, so using its name is unnecessary where the wording identifies its products.

What does Article 4 require?

Article 4 of the same directive sets out the following conditions. Recital 11 states that the conditions are cumulative and must be respected in their entirety.

• No misleading comparison: Article 4(a) refers to misleading advertising rules in this directive and Articles 6 and 7 of the Unfair Commercial Practices Directive.
• Comparable purpose: Article 4(b) requires goods or services meeting the same needs or intended for the same purpose.
• Objective features: Article 4(c) requires an objective comparison of one or more material, relevant, verifiable and representative features. Price can be a compared feature.
• No denigration: Article 4(d) prohibits discrediting or denigrating a competitor's trade marks, trade names, other distinguishing marks, goods, services, activities or circumstances.
• Matching origin designation: Article 4(e) requires products with a designation of origin to be compared with products bearing the same designation.
• No unfair reputational advantage: Article 4(f) prohibits taking unfair advantage of the reputation of a competitor's trade marks, trade names or other distinguishing marks, or the designation of origin of competing products.
• No imitation presentation: Article 4(g) prohibits presenting goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name.
• No confusion: Article 4(h) prohibits confusion among traders, including between the advertiser and a competitor or their marks, goods or services.

How can accurate prices still mislead?

Article 6(1) of the Unfair Commercial Practices Directive covers misleading overall presentation, including claims about price advantages. Article 7(1) and (2) covers missing, hidden or unclear material information where this causes or is likely to cause the average consumer to make a transaction decision they would otherwise avoid.

In Carrefour Hypermarchés v ITM Alimentaire International, Case C-562/15, the Court considers comparisons of larger shops in the advertiser's chain against smaller shops in competing chains, where each chain includes different formats. Paragraphs 26 and 27 explain how this selection can artificially create or increase the claimed price difference. Paragraph 38 requires that comparison basis to be stated clearly in the advertisement itself.

What evidence can an advertiser be required to provide?

Article 7(a) of Directive 2006/114/EC provides for courts or administrative authorities to require evidence of the accuracy of factual advertising claims where appropriate to the case. For comparative advertising, they can require that evidence within a short period. Under Article 7(b), claims can be treated as inaccurate if the required evidence is absent or insufficient.

Related terms

• When can missing website information be a misleading omission?
• Can a regulator require proof for a website's commercial claims?

FAQ

Can I name a competitor on my website?

Article 2(c) of Directive 2006/114/EC expressly includes advertising that identifies a competitor. The comparison must satisfy Article 4's conditions, including those on confusion, denigration and unfair reputational advantage.

Can I compare price alone?

Yes. Article 4(c) of the same directive allows comparison of one or more qualifying features, including price, subject to the other Article 4 conditions.

Does Article 4 settle every advertising restriction?

Article 8(2) of the same directive preserves EU provisions on advertising specific products or services and restrictions or prohibitions on advertising in particular media.

Sources

1. European Parliament and Council, "Directive 2006/114/EC concerning misleading and comparative advertising", 12 December 2006
2. European Parliament and Council, "Unfair Commercial Practices Directive", consolidated text of 27 September 2026
3. Court of Justice of the European Union, "Carrefour Hypermarchés v ITM Alimentaire International, Case C-562/15", 8 February 2017

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