The 2009 Marketing Control Act regulates marketing, commercial practice and contract terms aimed at consumers.. The Act also regulates how commercial operators may act against their competitors (“good commercial practice”).
- Telemarketing and the right of reservation
- E-mail and other electronic marketing activities (“spam”)
- Unaddressed advertising
- Advertising and other marketing activities aimed at children
- Raffles and competitions used for marketing purposes
Unfair commercial practices
Actions that will always be regarded as unreasonable are regulated in a separate regulation (“the Blacklist”).
Good commercial practice
- General requirement as to good commercial practice
- Prohibition against misleading business methods
- Protection of commercial secrets and technical know-how
- Prohibition against disloyal product imitation and copying
Conflicts between commercial operators will generally be brought before the ordinary courts, although they may also be heard by the Competition Council – an advisory body established by, amongst other parties, business interests. Bull & Co have lawyers with extensive expertise and experience of representing clients in cases involving marketing law issues, both as advisers and in pleading cases before the Market Council, the Competition Council and the courts.