The German Federal Supreme Court confirms the permissibility of flexible pricing systems under competition and consumer protection law

In a ruling dated 29 April 2010 (n° I ZR 23/08) the German Federal Supreme Court (Bundesgerichtshof) confirmed that price system used in travel agency companies based on daily price adjustments, according to which the price is subject to changes up to 50 EUR per flight does not infringe German competition and consumer protection law as well as law on pricing. The price indicated in the travel brochures can be changed before the contract is concluded, provided the travel agency's right to such a change has been reserved in the offer. With this decision the Court demonstrated that flexible quotations of prices are permissible, particularly in travel industry. Background The Center for Protection against Unfair Competition, independent institution of the German industry supporting the

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Tomasz Krzywicki, The German Federal Supreme Court confirms the permissibility of flexible pricing systems under competition and consumer protection law, 29 April 2010, e-Competitions Bulletin Judicial review, Art. N° 31186

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