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UK's Consumer Law Revolution - Reference prices: The High Court puts the CMA's 2:1 volume ratio to bed in the Emma Sleep Case... for now
The High Court has delivered its judgment in the Competition and Markets Authority's case against Emma Sleep over reference pricing practices, rejecting the regulator's proposed 1:2 volume ratio for discount claims. The court found that while Emma Sleep committed specific breaches in its 'Was £X, NOW £Y' pricing, a blanket mathematical ratio fails to account for the full context of each case, potentially penalising conduct that wouldn't constitute an infringement.
Lewis Silkin
