Particularities of economic law liability for unfair online advertising

Abstract

The protection of competition is one of the fundamental factors in ensuring the functioning and development of the market, as well as safeguarding consumer rights. Unfair competition, therefore, has a devastating impact not only on the national economy but also on consumers and society as a whole. One of the unlawful acts constituting unfair competition is unfair advertising. For this reason, unfair advertising is prohibited by current legislation, and individuals responsible for its dissemination must bear the liability provided by law.

Given the increasing use of the Internet for advertising purposes, the issue arises regarding the imposition of commercial legal liability for the placement of unfair advertising online. Naturally, online advertising of goods and services offers a range of benefits for businesses.

However, unfair advertising is highly detrimental to the reputation of competitors and to fair market competition as a whole. Due to its rapid spread and ability to reach a vast audience, such advertising can significantly harm consumers of goods and services. Moreover, identifying parties accountable for such advertising involves a number of legal challenges, which are analyzed by the author in this article.