Sainsbury's v Tesco: price promises under the spotlight

摘要

A rare example of an application for judicial review of a ruling of the Advertising Standards Authority ("ASA") has emphasised the difficulties brands can sometimes face when seeking to challenge comparative advertising by their competitors. In R (Sainsbury's Supermarkets Limited) v The Independent Reviewer, Sainsbury's sought to challenge a finding by the ASA in respect of Tesco's well-known 'Price Promise' advertising campaign. In particular, Sainsbury's claimed that certain products offered by Tesco did not satisfy the UK provisions implementing Article 4(b) the Comparative Advertising Directive as they did not meet the same needs, or were not intended for the same purpose, as the products sold by Sainsbury's that were the subject of the comparison. The High Court dismissed Sainsbury's claim for judicial review, and the case is illustrative of the considerable hurdles a claimant must overcome if it is to succeed in this form of challenge.