Sales of goods and services have to be carried out in a fair manner for both consumers and competitors.
Belgian and European legislation protects consumers against unfair treatment from traders and provides adequate and effective means for redress when problems arise. Unfair commercial practices cover a broad range of prohibited practices, such as providing misleading information or using aggressive marketing techniques to influence consumers’ choices. This restriction applies to all commercial practices that are directly related to influencing consumers’ transactional decisions in relation to goods or services, including advertising, price reductions, promotional sales and contests, and after-sales services.
In addition, acts contrary to fair market practices, by which a trader harms or may harm the professional interests of another trader, are also prohibited. On this basis, any undertaking can introduce cease and desist proceedings before the President of the Commercial Court to stop the unlawful activities of a competing undertaking, including for misleading advertising, aggressive practices, defamation, aiding and abetting a breach of contract, solicitation of customers and employees, etc.
& DE BANDT assists individuals and businesses in commercial litigation before the national courts. Our team has extensive experience representing clients in cessation proceedings between competitors, both as claimant and defendant. We also assist our clients by providing clear and expert advice on all aspects of their advertising and marketing strategy
