Given the long history of beer production and distribution, the application of general unfair competition or fair trade practices law is not specific to beer but cases centre around traditions connected to locations and brewing methods in advertising and marketing and mirror the cultural importance of as well as conflicts with health and morals around beer. The goal of protecting consumers as well as competitors ultimately serves the purpose of preserving the competitive process with respect to the notion of its fairness. The cases mentioned show an effort to protect the quality of the production of beer. Beyond that, while beer-related cases can be found in any section of unfair competition law, the focus is on sanctioning geographical deceptions as a supplement to the application of trademark law.

Use Case 2 in Chapter 5 examines the regulation of MDTs in the context of commercial advertising under the General Data Protection Regulation (GDPR), the Unfair Commercial Practices Directive (UCPD), and the Audiovisual Media Services Directive (AVSMD). An analysis under the Digital Services Act (DSA) and the Artificial Intelligence Act (AIA) will follow in Chapter 6, alongside a use case focused on political advertising. In the realm of commercial advertising, MDTs intensify long-standing concerns from consumer perspectives. The UCPD serves as a crucial reference point for related laws. Including the processing and inference of mind data in the blacklist outlined in Annex I of the UCPD would have significant implications, akin to the proposed introduction of a sui generis special category of mind data within the GDPR. Importantly, a blanket ban on the processing and inference of mind data for commercial practices under Annex I UCPD would automatically prohibit these practices under the DSA.

Artificial Intelligence (AI) can collect, while unperceived, Big Data on the user. It has the ability to identify their cognitive profile and manipulate the users into predetermined choices by exploiting their cognitive biases and decision-making processes. A Large Generative Artificial Intelligence Model (LGAIM) can enhance the possibility of computational manipulation. It can make a user see and hear what is more likely to affect their decision-making processes, creating the perfect text accompanied by perfect images and sounds on the perfect website. Multiple international, regional and national bodies recognised the existence of computational manipulation and the possible threat to fundamental rights resulting from its use. The EU even moved the first steps towards protecting individuals against computational manipulation. This paper argues that while manipulative AIs which rely on deception are addressed by existing EU legislation, some forms of computational manipulation, specifically if LGAIM is used in the manipulative process, still do not fall under the shield of the EU. Therefore, there is a need for a redraft of existing EU legislation to cover every aspect of computational manipulation.