France: Comparative advertising: Action sought to silence Lidl
Discount Variety Retail Chain Action was unhappy to see Lidl go after its prices. The Dutch discounter took legal action to stop its rival’s comparative advertising, seeking penalties of up to €100,000 per infringement. But after reviewing 33 advertisements, the court has handed it a setback.
Lidl has won its case against Action, which had challenged its price-comparison advertising.
Action set out to silence Lidl, yet it is the Dutch discounter that has now come away empty-handed. Since January 2026, Lidl has stepped up its advertisements comparing its product prices with those of its competitor, notably in catalogues, leaflets and online. Action considers this campaign misleading and unfair, and asked for it to be banned under the threat of heavy financial penalties.
However, in an order issued on October 29, 2026, the Paris Economic Activities Court rejected all of Action’s claims. After examining the 33 disputed advertisements, the judge identified several elements that substantially undermined the plaintiff’s allegations.
The French paragraphs, rephrased in English:
The dispute dates back to the start of the year. Lidl, which has made comparative advertising one of its key commercial tools, directly targeted Action. The choice was deliberate: the two chains compete for a share of non-food purchases, a segment where the Dutch discounter built its reputation as the champion of low prices. On April 28, 2026, Action decided to take the matter to court.
It challenged the methodology behind a series of advertisements. The retailer accused Lidl of comparing prices recorded on different dates and of setting its own promotional prices against Action’s regular prices...
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