The Directive 2006/114/EC on Misleading and Comparative Advertising (MCAD) is a horizontal directive which applies, as regards misleading advertising, in business-to-business (B2B) relations, and - in the case of comparative advertising - to B2B and business-to-consumer (B2C) relations. The MCAD specifically aimed to provide traders with protection against misleading advertising, but apparently failed to prevent the activity of the so-called directory companies, which pretend to offer gratuitous listing to businesses and then charge them with high annual costs.
Members considered the amendments to the draft report, including a number of compromise proposals prepared by the Rapporteur. Among the issues raised were: a blacklist of misleading marketing practices as well as that of companies repeatedly convicted for them; cooperation of national enforcement authorities with such institutions as banks, posts and debt-collection agencies; provisions on collective redress in national laws; and evaluation of the possibility to extend the Unfair Commercial Practices Directive. The Commission representative was supportive of the direction of the compromise amendments and made certain comments towards the others. The vote is planned for 26 September.
Source : © European Union, 2013 - EP
