The online retailer Amazon
The district court of Munich I declared the group’s prices at the “Prime Deal Days” for illegal in three cases. Amazon loses the Baden-Württemberg consumer center, which had sued. In the event of a repetition, there is a risk of fine of up to 250,000 euros. The judgment is not yet final.
For example, the dealer had advertised wireless headphones with a 19 percent discount. According to the judgment, the discount did not refer to an earlier Amazon Prize, but to a “recommended retail price” (RRP) of the manufacturer. In another case, the dealer referred to comparison prices such as a “customer: interior average price”.
Discounts would always have to refer to the lowest price of the last 30 days. The European Court of Justice also found this in a fundamental decision against the Discounter Aldi Süd last autumn.
Court: Advertising is unfair
The advertising therefore violates the pricing regulation and competition law. In the reasoning of the judgment, the chamber writes: “The average consumer who ordered on Amazon knows the ‘Prime Deal Days’ and expects Amazon to offer him particularly cheap prices there for a few days compared to those who were required before the ‘Prime Deal Days'”. Amazon had withheld essential information. The advertising is unfair.
An Amazon spokeswoman said: “We do not agree to the court’s decision and will appeal.” The relevant regulation is ambiguous and require legal clarification. “We offer clear and precise price information and adhere to current industry standards as well as applicable laws and regulatory guidelines,” it said.
Expert: Companies trick with RRP
Oliver Buttler from the Baden-Württemberg Consumer Center said: “The tricky with the ‘recommended retail price’ is an important part of their sales strategy for companies”. When a method is prohibited, companies constantly tried to develop new advertising strategies in order to avoid applicable law. “We continue to campaign for price clearance and prize truth so that consumers can distinguish real discounts from fashion packs.”
The consumer advocates: Inside, there are also various other companies, which they accuse tricks of tricks in prices. Processes against MediaMarktsaturn, Penny and Aldi are currently underway.