The Legal Regulation of Comparative Advertising

  • Stephen Kapnoullas
  • Bruce Clarke


The aim of this paper is to examine and contrast the approach of the two sources of law relating to comparative advertising. To a large extent the contrasting approaches can be explained by the policy behind the respective laws. The tort of injurious falsehood is designed to be used by one trader against another. The Trade Practices Act, on the other hand, is designed to protect consumers. It will be shown that the common law has allowed the advertiser considerable leeway. By way of contrast, section 52 of the Trade Practices Act has imposed a significant degree of control over advertisers.
Oct 30, 1995
How to Cite
KAPNOULLAS, Stephen; CLARKE, Bruce. The Legal Regulation of Comparative Advertising. QUT Law Review, [S.l.], v. 11, p. 7-32, oct. 1995. ISSN 2201-7275. Available at: <>. Date accessed: 01 feb. 2021. doi:
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