Deceptive Patterns
‹ All enforcement EU & UK

Competition and Markets Authority v. Emma Sleep GmbH

Jurisdiction
EU & UK
Authority
UK Competition and Markets Authority (CMA)
Date
30 Nov 2022
Case number
G22-1141037
Outcome
Ongoing case

Case summary

Emma Matratzen GmbH is being accused for misleading consumers by creating an impression that their sale was time-limited with a countdown clock, despite starting another sale for new customers immediately after the "flash sale" ended.

Our analysis

The case involves a complaint against Emma Matratzen GmbH for creating  impression that the sale was time-limited. The ad featured a countdown clock suggesting a "flash sale" and "up to 50% off" their products for a limited time period, but it was found that another sale for new customers started immediately after the "flash sale" ended, making the offer not actually time-limited. The use of the countdown clock was likely to pressurize consumers into making a hasty purchase decision, so the ASA ruled that the ad was misleading and must not appear again in its current form.

Outcome

The CMA has initiated an investigation into the Emma Group and will be working with them to gather evidence. The purpose of this investigation is to determine whether any of the companies within the group have violated consumer protection laws.

Parties

Competition and Markets Authority (CMA) and Emma Sleep GmbH