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po12026-kotasek-the-polarizing-c
The Polarizing Concept of Sexist
Advertising in the Context of the Law against Unfair Competition
Prof. JUDr. Josef Kotásek, Ph.D.,
Faculty of Law, Masaryk University, Brno
Právny obzor, 108, 2025,
special issue, pp. 82–96.
Published online: 20.1.2026
https://doi.org/10.31577/pravnyobzor.specialissue.2025.04
Abstract. This article
offers a critical examination of the legal classification of so-called sexist
advertising within the framework of unfair competition law, construed broadly to
encompass the regulation of unfair commercial practices under the Czech Consumer
Protection Act. Drawing on definitions articulated in soft-law mechanisms and
selfregulatory initiatives; the author analyzes the development of the concept
of sexist advertising and its interpretation in recent Czech case law. The study
aims to integrate these conceptual frameworks into the legal architecture
governing unfair competition and unfair commercial practices. Emphasis is placed
on the regulatory tension between the objectives of competition law and the
prohibition of discriminatory advertising. The author evaluates the potential
for addressing such advertising through the general clause prohibiting „infringements
of public law with competition implications”. The article concludes that a
reflexive and principled approach – rooted in the regulatory purposes of
competition law – provides a coherent solution. Such an approach prevents the
incorporation of inconsistent axiological standards into the application of
unfair competition provisions, thereby safeguarding legal certainty and
doctrinal consistency.
Key words: sexist
advertising, gender discrimination, unfair competition, self-regulation, unfair
commercial practices, consumer protection.
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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OPEN ACCESS