Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is for educational purposes, and not meant to be legal advice.

In Germany, comparative advertising is lawful whenever the ad meets the standards set by the European Economic Area countries in general. 

Further, German law does not allow comparative advertising that promotes the advertiser’s products at the expense of a competitor by stating that the competitor’s products, management, reputation, etc. are inferior to the advertiser’s.  Ads must be objective, and must not disparage or defame a competitor. 

Example:  It is lawful to refer to favorable objective tests or surveys to promote the advertiser, but unlawful to make a comparison based on market research that omits important competitors, variables, or is tailored to suit the interests only of the advertising party, or makes a denigrating reference to a specific competitor.