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15 December 2011 / Hle Blog
Issue: 7494 / Categories: Blogs
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Supermarket wars

HLE blogger Deborah L Parry wonders if supermarkets are off their trollies

"Last week, four of the UK’s biggest supermarkets were the focus of a report on supermarket price wars for BBC1’s Panorama, which suggested many of the pricing tactics used by supermarkets could potentially be illegal.

Supermarkets, like all other retailers supplying goods to consumers, have to comply with the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277).

Regulation 5 prevents traders giving false information or information which deceives or is likely to deceive the average consumer about, the price of products or the existence of a specific price advantage and which causes or is likely to cause the average consumer to take a transactional decision they would not otherwise have taken.

Regulation 6 prohibits misleading omissions where material information is omitted, hidden, unclear, unintelligible, ambiguous or untimely and causes an average consumer to take a different transactional decision from that he would otherwise have taken.

To assist in interpreting these very broad and general prohibitions, the Department of Business, Innovation and Skills has issued the Pricing Practices Guide (November 2010).

This guide has no mandatory force and may, in some instances, go beyond what the law requires. It does, however, take into account the requirements of the Regulations and provides guidance for traders ‘on good practice in giving information about prices’. One would hope and expect our leading supermarkets to do their utmost to follow it.

In light of the current supermarket ‘price wars’, there are concerns over the way some products are marketed and the wording used in relation to prices. Asda, for example, in addition to their ‘Rollback’ pricing promotions, also have had items marked, both on the shelves in supermarkets and online, as ‘WOW’ items...”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7494 / Categories: Blogs
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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