Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
In the interests of transparency and to help avoid vexatious complaints, the ASA expects more from intra-industry complainants than it does of public complainants. Before investigating, the ASA will ask competitor complainants to give solid grounds for their objection and back up any assertions with sound logic and possibly substantiation.
The ASA will disclose the identity of competitor complainants and seeks a written assurance that they have no legal action pending or in progress. Because the self-regulatory process is an alternative to pursuing complaints through the courts, it would be wrong for the ASA to risk prejudicing legal action. So the ASA does not investigate a complaint that has or will be the subject of legal scrutiny.
More information can be found in the CAP Code under the Section “How the System Works”. See 'Remit: Legal Action'.
Last modified : 29 March 2012