New specifications for the basic price
Anyone who sells goods by weight, length, or volume and thinks of public transit in terms of the omnibus directive is probably at risk. The directive has in fact brought about a small but significant change in the Price Indication Ordinance for the benefit of consumers, which came into force on 28 May 2022. Since then, basic prices may only be stated per kilogram, liter, cubic meter, meter or square meter. In the past, if the product had a content of less than 250ml, for example, the basic prices could still be stated per 100ml. For example, the base price of a perfume that contained 50ml could be indicated per 100ml, but this is now illegal. The base price must also be stated here per liter. This is intended to make it easier for the targeted traffic group to compare prices.
Beware of advertising with strike prices
Who is not happy about a bargain? Strike prices are therefore a popular advertising tool. It was almost understandable, therefore, that many retailers and restaurateurs might have been a bit tricky here. Prices were often artificially raised for a short period of time, only to be able to advertise a super price reduction afterwards. This is now to be put to an end. Since 28.05.2022, the strike price may only be the lowest price charged in the last 30 days.
Marking of customer reviews
What is also new since 28.05.2022 is that merchants or providers of services who advertise with reviews are now obliged to mark them as to whether verification has taken place. If evaluations are not verified, this note must be made; if verification has taken place, it must be explained how this was carried out.
Many retailers and restaurateurs have not yet caught on to these changes, which is currently a feast for consumer protection groups and competitors. A corresponding warning almost always also requires the submission of a cease-and-desist declaration – this in turn represents a further cost trap. So prophylaxis is worth its weight in gold here!
Have you received a warning notice under competition law? Contact us and we will discuss the best possible way to deal with it.
