The defendant, a mobile operator of the "Era" network, is a company that provides customers with telecommunication services.
The object of the administrative proceedings was the advertising campaign of "Era Sieć Rodzinna" (Era Family Network) by which unlimited phone call services inside the family network were offered free of charge.
During the abovementioned campaign, advertising leaflets stated that everyone could join the Era Family Network, except for subscribers to business tariffs. In reality, the terms and conditions of the promotion indicated that this service could not be used by neither business subscribers nor other listed subscribers. In addition, the terms of the promotion set forth conditions which were to be fulfilled in order to use the mentioned services.
The President of the Office of Competition and Consumer Protection started administrative proceedings in order to determine whether such practices may be deemed as infringing the prohibition on unfair commercial practices.