The Competition Authority established that in case additional material information is placed under a slogan using a smaller font, a substantial risk is created that the consumer will neglect this information when the consumer has no possibility to hold in his/her hands the advertising material or when this material can only be examined for a shorter period. According to the Authority, in such a case, the consumer perceives the detailed information less clearly than the slogan. The Competition Authority decided that in the case of advertisements in magazines and leaflets the consumer is able to connect the slogan and the information indicated with smaller letters due to the fact that the small letters do not hinder the perception and the consumer has the possibility to read through the information again any time. In the case of posters in show-windows the joint perception of the slogan and of the information written with smaller letters is in most of the cases not possible (especially due to the fact that pedestrians usually just walk by and do not stop). Accordingly, in the given case, indication of material information with smaller letters only qualified as a misleading commercial practice in the case of posters in show-windows.
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