What legal requirements apply to the granting of discounts and special offers?
June 18, 2023 | 30,00 EUR | answered by Sandra Bittner
Dear competition law attorney,
I am reaching out to you as a retail entrepreneur who regularly offers discounts and special deals. I have heard that there are certain legal requirements that must be followed when offering discounts and special deals to avoid violating competition law.
I am unsure of the specific legal framework that applies and I want to ensure that I comply with all legal requirements. Therefore, I would like to request your assistance in reviewing and potentially adjusting my current approach.
I am concerned that I may unknowingly be violating competition law and that legal consequences could arise as a result. Therefore, I would like to know from you what specific steps I need to take to ensure that my discounts and special offers are legally sound.
Could you please explain in detail the legal requirements for offering discounts and special deals? Are there specific regulations that I need to follow to avoid potential warnings or lawsuits? I would greatly appreciate it if you could provide me with specific recommendations on how to legally protect my business practices.
Thank you in advance for your support.
Sincerely,
Sven Wittik
Dear Mr. Wittik,
Thank you for your inquiry regarding the legal requirements for granting discounts and special offers in retail. It is understandable that you are concerned about whether your current approach complies with legal requirements and whether legal consequences could arise.
It is important to know that discounts and special offers are important instruments in competition, but they are also subject to certain legal framework conditions to ensure fair competition. In German competition law, the Act against Unfair Competition (UWG) and the Price Indication Regulation (PAngV) are particularly relevant.
To ensure that your discounts and special offers comply with legal requirements, you should first make sure that the advertised prices are not misleading. This means that false or unclear price advertising that misleads consumers should not be carried out. In addition, discounts and special offers must be clearly and unambiguously communicated so that consumers can compare prices with each other.
Furthermore, you should ensure that discounts and special offers do not violate antitrust law. In particular, problems may arise in competition law with price agreements with competitors or abuse of a dominant market position.
To prevent possible warnings or lawsuits, I recommend that you regularly review your business practices and adjust them if necessary. Additionally, in case of uncertainties or questions, you should consult a specialized attorney in competition law who can provide comprehensive advice.
I hope this information helps you and I am available for further questions.
Sincerely,
Sandra Bittner
Attorney specializing in competition law
