[rbehrends]

It is largely a matter of standing. The Unfair Commercial Practices Directives leaves most of the details up to member states, but has a hard requirement that competitors have standing to bring legal action against unfair commercial practices [1]. Spain – where this case originated – also allows for consumer organizations to bring suit (but not individual consumers), but those will generally focus their resources on areas where competitors fail to act.

[1] Which was already a common approach in Europe before that directive was enacted.