The Supreme Court found that due to the “cookie”-based nature of these deals, any visitor to the web shop could meet with them multiple times, assuming they have been using one of the many methods that evade or frequently delete “cookies” in their browsers. Thus, the Supreme Court found these to not be unique, repeatable offers, contrary to the web shop's advertisement. Regarding the urging of consumers to make an immediate decision, the Supreme Court also determined that since only a 2-minute window was presented by the web shop, this could not be construed as sufficient time to make an informed choice. Finally, with regard to the question of contractual decision, the Supreme Court rejected the plaintiffs’ argument that only the actual purchase is a contractual decision, noting that this can be a multi-stage process and that the competition authority can legally review each separate stage and partial decisions by consumers.
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