Unfair commercial practice and informing consumers

Denis Barry has published a comment on the leading case of Deroo-Blanquart v Sony Europe Ltd considering the wider implications of the ECJ's decision on whether the sale of computers with pre-installed software is compatible with EU consumer law. It has given preliminary ruling that the sale by a business of a computer with pre-installed software to a consumer did not constitute an unfair commercial practice unless it was contrary to the requirements of professional diligence and materially distorted, or was likely to materially distort, the economic behaviour of the average consumer with regard to the product. It is on the Lexis Nexis Update section (paywall).