The defendant conducts its business activity within a network of pharmacies and affiliated pharmacies. Its main activity consists of sales of pharmaceutical products. It also provides advertising for the pharmacies it supplies.
The defendant used a contested advertising practice in the leaflet-magazines it supplied to pharmacies. It placed the current prices of discounted products next to the indication of the "old price". The amount under the heading "old price" was not actually a price used for the same product in the past by the same seller. Instead, it was a calculation of the average price of products presented in the magazines, used in other, randomly selected for this purpose pharmacies, shops and, gas stations and other outlets.
Although the heading "old price" had an asterisk which referred the consumer to the information regarding the exact calculation method of the so called "old price", this information was not printed on pages which presented discounted products, but on a separate page which did not present the product offer at all, and was printed in a small font.