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7 - Consumer Protection and Unfair Competition Law

Published online by Cambridge University Press:  26 September 2025

Dan Jerker B. Svantesson
Affiliation:
Bond University, Queensland
William Van Caenegem
Affiliation:
Bond University, Queensland
Anthea Gerrard
Affiliation:
Bond University, Queensland
Radim Polčák
Affiliation:
Masarykova univerzita, Czech Republic
Alain Strowel
Affiliation:
Université Catholique de Louvain, Belgium
Andreas Wiebe
Affiliation:
Georg-August-Universität, Göttingen, Germany
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Summary

Given the long history of beer production and distribution, the application of general unfair competition or fair trade practices law is not specific to beer but cases centre around traditions connected to locations and brewing methods in advertising and marketing and mirror the cultural importance of as well as conflicts with health and morals around beer. The goal of protecting consumers as well as competitors ultimately serves the purpose of preserving the competitive process with respect to the notion of its fairness. The cases mentioned show an effort to protect the quality of the production of beer. Beyond that, while beer-related cases can be found in any section of unfair competition law, the focus is on sanctioning geographical deceptions as a supplement to the application of trademark law.

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