UAB OZANTIS FINED FOR MISLEADING ADVERTISING

On 30 April 2013, the Competition Council (Konkurencijos taryba, KT) imposed a fine of LTL 15,500 (approx. EUR 4,489) on UAB Ozantis (Ozantis) for misleading advertising.

Ozantis is the owner of the shopping and entertainment centre Ozas.

The KT initiated the investigation under suspicion that the advertisement, according to which consumers having purchased goods for LTL 120 (approx. EUR 35) in the shopping and entertainment centre Ozas (SEC Ozas) during the period from 8 to 15 June 2012, were to be awarded tickets to the movie Madagaskaras 3 shown in the Multikino cinema, could have mislead consumers.

The investigation has established that Ozantis and UAB Multikino Lietuva, the manager of the Multikino cinema, by various means of advertising and in different periods from 7 to 15 June 2012 promoted a campaign encouraging consumers to purchase goods in SEC Ozas for LTL 120 (approx. EUR 35) and, thus, receive a free ticket to the movie Madagaskaras 3 shown in the Multikino cinema. However, the investigation has found that all tickets allocated to the campaign were gone before the partway of the campaign period, i.e. on 10 June. Hence, the organiser of the campaign failed to ensure the sufficient number of free tickets and, thus, avoid misleading consumers as well as disappointing their expectations. Since the period of the campaign indicated in the advertisements was from 8 to 15 June 2012, a consumer, having purchased goods for LTL 120 (approx. EUR 35) in SEC Ozas, could have had a well-founded expectation to receive a free ticket to the movie Madagaskaras 3.

The KT stated that such advertisement could have mislead consumers and determined their choice to purchase goods for LTL 120 (approx. EUR 35) in SEC Ozas in order to receive a free ticket to the advertised movie.

The KT acknowledged Ozantis responsible for the misleading advertising concerned and, when imposing a fine, took into account the mitigating circumstance, i.e. that Ozantis, after all the tickets allocated to the campaign had been given away, tried to avoid misleading consumers by announcing about the end of the campaign on the internet and by removing advertising stands in SEC Ozas.

Notice

Misleading advertising means advertising which in any way, including its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches and which, by reason of its deceptive nature, is likely to affect their economic behaviour or which, for those reasons, harms or is likely to harm another person’s capabilities to compete (Law on Advertising, Article 2(4)).

Communication Division