European Commission

 

Case detail



Directive article Article 5 1.
Article 5 2.
Article 5 4. (a)
Article 6 1.
National ID MD 2009:24
Country Sweden Decision date 03/09/2009
Common name Decision type Court decision in appeal
Court Marknadsdomstolen (Stockholm) Plaintiff(s) Skandinaviska Likvida Medel AB
Court translation The Swedish Market Court (Stockholm) Defendant(s) S. FactoringtjÀnst Aktiebolag
Subject misleading statements
Keywords comparative advertisingmisleading commercial practicesmisleading statements

+ Expand all

Headnote

With respect to statements about competitors in the context of marketing campaigns, it is possible for a court to intervene when incorrect statements are made, or when statements are made that are correct but unnecessarily discredit the competitor.

Facts

The defendant had distributed letters to potential customers containing misleading, discrediting and incorrect statements regarding the conduct of one of its competitors.

The plaintiff argued that the defendant was to be prohibited to distribute certain statements (or statements equivalent thereto).
 

Legal issue

Is it unfair to distribute letters containing misleading, discreting and incorrect statements regarding competitors? 

Decision

The court considered that, with respect to statements related to a competitor (or the goods or services offered by such competitor) in the context of marketing, it is possible to intervene when incorrect statements are made, or when statements are made that are correct, but are made in such a way that they unnecessarily discredit the competitor.

The court found the statements in the defendant's letters to be very negative, in particular because it was stated that information was "stolen" by the competitor and that the conduct of the competitor definitely consisted of a "serious delinquent behavior". 

The court stated that the content of the letters created the impression that the plaintiff was a company that conducted dishonest business, while the defendant could not prove that there were grounds for such serious and far-reaching accusations. The statements set forth in the letters were therefore considered misleading and discrediting. As the letters would appreciably affect a recipient's ability to make an informed transactional decision, the court deemed the representations to be unfair.

  URL Decision Decision full text
EN N/A
SV http://www.marknadsdomstolen.se/avgoranden/avgoranden2009/Dom2009-24.pdf Click here

Result

The plaintiff's requests were granted.

Additional information

Date Description URL
There is no events for this case.

Related case(s)

National ID Common Name Subject Country Link type
There is no related cases for this case.

Legal Literature

Title Author
There is no Legal Literature for this case.