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(2) The name, trademark, logo or other distinct shapes or

expressions, as well as commercial and trade names may be

contained in comparative advertisements, provided that they

comply with the conditions specified in the first paragraph of

this provision.

(3) Food supplements cannot be subject to comparative adver-

tising.

”

This article, in line with the TCC provision, but which goes into

further detail, sets forth rules governing comparative advertising. The

first paragraph specifies conditions for a comparative advertisement to

be deemed lawful. Not resulting in unfair competition, comparing an

aspect that is beneficial to the consumer, comparing material, major,

verifiable and typical qualities, and proving objective assertions are

noteworthy conditions.

The opinion of the Competition Authority on the draft Regulation

has also been taken into consideration, and the price of the goods and

services is provided as an example to the material, major, verifiable,

and typical qualities that can be compared.

The second paragraph of this article, for the first time, allows the

mention of the name, trademark, logo or other distinct shapes or

expressions, as well as commercial and trade names of competitors.

This provision requires compliance with the conditions mentioned in

the first paragraph, while allowing for this explicit comparison.

Entry into Force

As assessed above, the Regulation provides for novelties that gov-

ern comparative advertising. This provision, in comparison with the

Former Regulation enacted under the fLCP, and applied until the entry

into force of the Regulation, constitutes a highly detailed and innova-

tive framework. Provided that certain requirements are complied with,

it is allowed for the first time to refer to the name, trademark, logo or

CONSUMER LAW

345

For the Competition Authority’s opinion of 29 September 2014 on the draft of the Regulation,

see.

and

File/?path=ROOT%2f1%2fDocuments%2fKurum+G%C3%B6r%C3%BC%C5%9F%C3%BC

%2fTicari+Reklam.pdf (accessed on 29 January 2015).