THE COURT UPHOLDS THE COUNCIL‘S DECISION TO SANCTION JSC KOMEKSIMAS FOR MISLEADING ADVERTISING

The Supreme Administrative Court of Lithuania (the Court) upheld the Competition Council’s (the KT) decision to impose a fine of 24 800 LTL on JSC Komeksimas for misleading advertising. On 21 May 2013, the KT found that the advertisement promoted on the website of JSC Komeksimas was misleading since the prices of goods offered online were compared with non-existing market prices or former prices of the same goods.

The Court held that the mentioned advertisement implied substantial savings by offering goods at reduced prices seeking to provoke consumers’ reaction. However, JSC Komeksimas failed to prove that non-discount prices had been applied before.

The KT has repeatedly noted that every advertisement has to be accurate, comprehensive and properly presented. The non-discount price has to be reasonable and reflect the actual price of the product.