The Council recalled that in order to determine a violation on unfair commercial practices, it is sufficient that the practice falls within the blacklisted practices.
However, in view of the defendant's claim that a motorboat without an engine was promoted, the Competition Council additionally investigated compliance with misleading advertising regulation which had been in place before introduction of the unfair commercial practices regulation.
The Council stated that the picture of a motorboat used in the promotional materials, suggested to an average consumer that the prize would have an engine. It was noted that consumers would not likely participate in the campaign if they were aware of the fact that in order to use the advertised prize they would have to incur significant costs themselves.
The Council thus concluded, that the defendant committed a blacklisted misleading commercial practice.
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