The advertising statement "Factory for sanding machines" AD is "the only specialised manufacturer of sanding machines in Bulgaria" gives customers the impression that the company is the only manufacturer of sanding machines, that only it can produce such products, and that there is no alternative to purchase such products from another Bulgarian manufacturer. The fact that there is at least one other manufacturer of sanding machines in Bulgaria makes the advertising statement untrue and therefore, misleading.
The Commission for Protection of Competition and the Supreme Administrative Court do not share the advertising company's thesis that advertising is not misleading because the advertising company is a highly specialised manufacturer "with a focus" on sanding machines, uses the most innovative technology and has highly qualified specialists, as "ZMM - Asenovgrad" Ltd. also has specialised equipment and qualified staff and is an active competitor of the advertiser on the Bulgarian market. The Court did not respect the advertiser's argument that they had not violated the Law on Protection of Competition due to the fact that the site where the advertisement was placed was registered in the name of a natural person who had not been involved in the proceedings before the Commission for protection of competition. The Court considers that the domain is undoubtedly registered in favour of the advertiser, because through the site the company presents its products and the site is listed in the advertiser's account in the commercial register, therefore this is sufficient to impose a sanction for distributing misleading advertising.
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