These two variations of unfairness are defined in detail; thus Arts. 6 and 7 define misleading acts and misleading omissions. The former is the case if a commercial practice
> “contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to one or more of the following elements, and in either case causes or is likely to cause him to take a Transactional Decision that he would not have taken otherwise”.
This is followed by a comprehensive list. Misleading by omission is the case if a commercial practice
> “in its factual context, taking account of all its features and circumstances and the limitations of the communication medium, omits material information that the average consumer needs, according to the context, to take an informed rational decision and thereby causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise” (Art. 7 Para. 1).
Again, this is followed by a list of various examples.
Art. 8, finally, defines a business practice as aggressive
> “if, in its factual context, taking account of all its features and circumstances, by harassment, coercion including the use of physical force or undue influence, it significantly impairs or is likely to significantly impair the average consumer’s freedom of choice or conduct with regards to the product and thereby causes him or is likely to cause him to take a transaction decision that he would not have taken otherwise”.
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HILTY, Reto M. and HENNING-BODEWIG, Frauke, 2007. Law against Unfair Competition: Towards a New Paradigm in Europe?. Guildford Boulder: Springer London NetLibrary, Inc. [distributor]. MPI studies on intellectual property, competition and tax law, v. 1. ISBN 978-3-540-71882-6.