Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (a) Unfair Commercial Practices Directive, Annex I, 5.

It constitutes a misleading commercial practice to omit to mention information on the number of products which are available in a promotional action.

The defendant published advertisements in its newspaper, on posters and on its internet websites and newsletters stating that between 29 December 2011 and 4 January 2012 the price of its product, "Tevion hardware 2 TB" was going to be only HUF 17,990 instead of the original price of HUF 24,990.

The advertisement intentionally concealed the fact how limited the number of the available product in question was in the stores that participated in the promotional action.

Does it constitute a misleading commercial practice to omit to mention information on the number of products which are available in a promotional action?

The Competition Authority examined whether the defendant had serious reasons to consider that it would be able to provide the costumers with the offered product for the offered price and within the offered time period, or not.

According to the Competition Authority, the defendant should have disclosed that there was a reasonable ground that the defendant would not be able to deliver the expected amount of products advertised. as a result, the Competition Authority held that the defendant had published misleading information in connection with the campaign, that materialized in bait advertising.

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The Competition Authority imposed a fine of HUF 25,000,000 (approx. EUR 83,300) on the defendant.