The Teska campaign is legally over the edge, say lawyers

After Tesco decided to make a comparison purchase on its e-shop and on Rohlík, a passionate discussion about both online supermarkets and their advertising practices broke out on social networks. However, Rohlík objected to Teska’s massive advertising campaign and turned to lawyers and consumer protection authorities.

“In our opinion, Tesco violates the rules of permitted comparative advertising and significantly damages our reputation,” said Rohlík spokeswoman Lutfia Volfová. At the same time, she pointed out that Tesco compares “pears with apples”, ie current prices with special prices, products of various qualities and allegedly puts prices per kilo for items that are not normally bought per kilo. According to Rohlík, Tesco is acting in its favor so that the resulting difference in prices is as high as possible.

“Last week, two days after the start of the campaign, we made a check purchase according to the basket Tesco uses in the campaign, and their prices were already significantly higher,” adds Volfová, adding that Rohlík is defending herself in court and is initiating a review of the practice with the authorities for consumer protection.

However, Tesco refuses to comment specifically on the whole matter, and when asked how it responds to the current situation, Teska spokesman Jiří Netík replied vaguely: “Through a transparent campaign and verifiable data supported by five comparative purchases, we wanted to offer customers real savings in shopping with Tesco Online. We will continue to make our offer more attractive so that customers at Tesco can save on every purchase, “said Netík.

According to Lukáš Duffek from the law firm Rowan Legal, Teska’s campaign is legally wrong. “This is an advertising campaign that undoubtedly attacks the legal limits of good competition morals. I have a feeling that it must have been clear to the advertiser what reaction he would provoke, which he succeeded in doing, “Duffek said. At the same time, however, he added that without an evaluation of all aspects, it is not yet possible to assess whether this is unfair competition.

Karolína Kropíková, a lawyer from the law firm eLegal, commented on the dispute on the Linkedin social network and explained why, in her opinion, the Teska advertising campaign is legally over the edge. “We are prohibited from unfair competition, comparative and misleading advertising, downplaying and parasitizing on the reputation of another brand. In this case, comparative advertising and lightening come into consideration the most, “said Kropíková on LinkedIn.

She then mentioned specific points that are legally wrong with Teska. According to Kropíková, one of these points is, for example, that Tesco only highlighted its cheaper prices, and when the goods were cheaper on Rohlík, it passed through silence. “Tesco compared pears to apples because it included products from its private labels that are logically cheaper. They had to compare the same products from the same manufacturers, “says Kropíková.

Attorney Petra Dolejšová also objected to Tesco, who clearly stated that the law prohibits comparison and allows it only if the person meets clearly defined conditions, which, according to her, Tesco did not meet. “For me, a funny deed by Tesko. I’m just afraid that the budget for this campaign will need to include court costs, … “Dolejšová remarked on LinkedIn.

An interesting fact is that Tesco has fought through an offensive advertising campaign for Rohlík in the past. Already in 2017, it aimed a similar advertising campaign against the competing Rohlík, in which it stood for a change: “Buying rolls in sight? Time for a change! ”Perhaps even more interesting, however, will be that at that time, Olin Novák was in the position of Marketing Director for Central Europe at Tesco, who moved to rival Rohlík in 2018 and now heads it.

We separated the grains from the chaff, the evaluation of our couriers improved, says the head of Rohlík, Olin Novák

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