How Far Can You Go In Sledging Your Competitor? When are you exposed to defamation risks?

Recent Australian Competition and Consumer Commission (‘ACCC’) discussion and a high-profile court case have drawn more attention to comparative advertising and laws that govern the limits on what can legally be said about rival products or services. A retail shopping chain or a restaurant might be convinced they are better than their competitors; some might even have the evidence to back up a claim that certain product prices or models outperform others. However, before launching a campaign to highlight these features, marketers might like to consider this 1650-word article containing insights from the laws of comparative advertising, the laws of defamation and other relevant laws pertaining to competition regulation and food standards.

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