“I want to compare myself with the competition”
Can I compare myself with competitors in advertising
Answer
Yes, but
Yes, but only where the conditions listed in § 4(2) of Act 147/2001 Coll. on advertising are met. Under § 4(3) any other comparative advertising is impermissible, so the rule that whatever is not prohibited is allowed does not hold here: only what the list covers is allowed.
Allowed only if you meet the conditions; miss one and it becomes unlawful.
Comparative advertising is the one marketing question where the act works with a closed list of conditions. § 4(2) sets out when a comparison is permissible, and paragraph 3 adds that any other comparison is not. Reasoning along the lines of 'nowhere does it say we cannot' therefore does not work here.
Under § 4(1), comparative advertising also covers advertising that identifies a competitor INDIRECTLY. A formulation such as 'unlike the largest player on the market' therefore falls under this provision just as a named comparison does.
The conditions the answer rests on
- 01
Like has to be compared with like
§ 4(2)(a) requires the comparison to be between goods, services or immovable property that meet the same needs or are intended for the same purpose.
- 02
The comparison has to be objective and verifiable
Under § 4(2)(b), one or more specific, typical, material and verifiable characteristics, including price, are compared objectively. A characteristic that cannot be verified does not meet the condition.
- 03
It must not discredit or exploit a good reputation
Letter (c) prohibits discrediting or denigrating a competitor's trade marks, trade names and other distinguishing marks. Letter (d) prohibits taking unfair advantage of their good reputation.
- 04
Whatever falls outside the list is impermissible
§ 4(3) is short and hard: comparative advertising other than under paragraph 2 is impermissible. All the conditions have to be met, not most of them.
Where we will not answer for you
§ 4 lists the conditions, but does not determine when a characteristic is 'typical and material' or when taking advantage of a good reputation is 'unfair'. Those are terms filled in by decision-making practice, which we do not have in the corpus. Alongside the advertising act, comparison with a competitor is also covered by the unfair competition provisions of the Commercial Code, which have their own conditions and their own consequences. Go through a specific campaign with a lawyer before it launches.
How to do it in practice
A comparison with your own earlier solution
A comparison with a previous version of your own product does not identify another competitor, so § 4(1) does not reach it. Towards the consumer, however, § 10(1) of Act 108/2024 Coll. on misleading action still applies.
Your own figure without a comparison
A specific number about your own service that you can evidence says the same thing a comparison would, and does not raise the question of permissibility under § 4. For the reader it tends to be more persuasive than a claim about the competition.
A comparison table built on verifiable characteristics
Where a table compares prices and parameters that can be verified and does not appraise the other side, it stays within what § 4(2)(a) and (b) require. Evaluative adjectives about the competition are what push a table towards letter (c).
What the statute says
Wording taken from the official register. Every excerpt is machine-compared against the statutes in our database, so it cannot drift from what the law actually says.
Porovnávacou reklamou je reklama, ktorá priamo alebo nepriamo označuje iného súťažiteľa alebo jeho produkty.Porovnávacia reklama je prípustná, ak a) porovnáva tovary, služby alebo nehnuteľnosti, ktoré uspokojujú rovnaké potreby alebo sú určené na rovnaký účel, b) objektívne porovnáva jednu alebo viac konkrétnych, typických, podstatných a overiteľných vlastností tovarov, služieb alebo nehnuteľností, vrátane ich ceny; pri tovaroch s označením pôvodu porovnáva iba tovary s rovnakým označením, c) nediskredituje ani nehaní ochranné známky, obchodné mená, ďalšie rozlišovacie znaky, tovary, službyIná porovnávacia reklama ako podľa odseku 2 je neprípustná.Klamlivé konanie je obchodná praktika, ktorá zapríčiňuje alebo môže zapríčiniť, že priemerný spotrebiteľ urobí rozhodnutie o obchodnej transakcii, ktoré by inak neurobil, pretože obsahuje nesprávne informácie a je preto nepravdivá, alebo akýmkoľvek spôsobom uvádza do omylu alebo môže uviesť do omylu priemerného spotrebiteľaFrequently asked questions
Do I have to name the competitor for it to be comparative advertising?
No. § 4(1) speaks of advertising that identifies another competitor directly or indirectly. A description that makes clear who is meant is enough.
Can I compare prices?
§ 4(2)(b) expressly names price among the comparable characteristics. The comparison has to be objective and verifiable, so it has to be clear which prices are compared and as at which date.
What if I meet most of the conditions?
§ 4(3) says that comparative advertising other than under paragraph 2 is impermissible. The list in paragraph 2 is therefore a condition of permissibility as a whole, not a set of recommendations.