Today, we are witnessing an increase in the number of providers of goods and services on the market, aiming to gain the best possible market position. They can achieve this through a variety of legal and illegal practices, including the use of misleading advertising which significantly distorts or is likely to distort the economic behaviour of the average consumer it reaches or is intended to reach. However, misleading advertising not only adversely affects consumers, but also the advertiser's competitors. In this Master's thesis, we will learn about the legislative regulation of misleading advertising as one of the unfair business practices of companies, both in the context of consumer law and unfair competition law, we will examine the decisions of the Administrative Court of the Republic of Slovenia and the Court of Justice of the European Union, we will assess whether the legislative regulation is appropriate and up to date, and whether it can provide both consumers and companies with sufficient legal protection. We will see that the legislative regulation of misleading advertising is consistent with technological development and quite well designed, in a way that allows it to adapt to social changes and technological development.
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