Comparative Advertising

• Lucrèce de Villenfagne
• Valentine Witmeur

• Comparative advertising is an advertisement in which a particular product, or service, specifically mentions a competitor by name for the express purpose of showing why the competitor is inferior to the product naming.
• Comparative advertising is a sales promotion technique that compares the products or services of one company with those of another, or with those of other competitors. All comparative advertising is designed to highlight the advantages of the goods or services offered by the advertiser as compared to those of a competitor. In order to achieve this objective, the message of the advertisement must necessarily underline the differences between the goods or services compared by describing their main characteristics.

• Authorised sinds 1999 in Belgium
• Evolution of the advertising’s legislation: long and not easy
• First advertissement in 1929 (ad for medecine)  refused
• long debat

• The comparative advertising can’t be misleaded
• Compare the only services/products responding to the same needs or the same goal
• Compare clearly one or more essentials pertinente, verifiable and representative characteristics of the goods and services
• The announcer or his product in the advertissement can’t be confused with the rival or his products
• The advertissement can’t detract to the reputation or minimize the brand, commercioales names, other distinctive signs, goods or services of the rival
• The advertissement can’t take advantage of the reputation of the rival’s brand
• In advertissement, goods and services can’t be represented as an imitation or a counterfeiting of the products or services of a protected brand or a protected commercial’s name

• Methods to identify the competitor:
• Explicit comparative advertissement: competitor is directly concerned and recognisable  Direct comparisons with a clearly identified and named product

• Implicit comparative advertissement: The competitor is recognised indirectly.  reference can be made by implication or insinuation. They don’t clearly name the competitor but the consumer will recognize the competitor by themselves. (slogan, colour, same writing…)

• Ads that make reference to a brand X

• ADVANTAGES:
•  Price reduction because of the competition
•  It enables consumers to be more informed
•  It could be positive for a new brand to become famous
• It seems more efficient that a normal adverissement
• FLAWS:
• It can be dangerous for a famous brand.
• It reduces the cridibility of advertising in general.
• Too agressive
• It can easily degenarate into feuding

• US phenomenon (1970)
• EU’s point of view: unfair market practice
• EU has different opinions:
•  Belgium & France: comparative ads: ok BUT with restrictions
•  UK & Netherland: comparative ads: OK
• C.a is allowed in EU but we don’t use it as americans do. Because we are not used to see it and brands know that if they decide to use it, they will enter in a fight between brands.