The Swedish Market Court has in its recent judgment MD 2013:8 considered the use of certain statements in advertisements of the independent car workshops chain Meca Sweden AB (Meca) to be misleading marketing and, hence, constitute unfair marketing practice. The trade organization Bil Sweden initiated the case before the Market Court in the beginning of last year.
The Market Court, in line with the claim of Bil Sweden, considered the use of certain statements in Meca’s advertising to be misleading marketing. In total, nine of the statements used by Meca in its advertisements were stated to be misleading. Among those statements were that the Meca workshops “only use original car parts” and “can provide services for all types of cars” as well as that Meca is a “brand car workshop for all kinds of car brands”. According to the Market court, terms such as “original car parts” and “brand car workshop” have specific meanings which may not be used in an incorrect manner.
Accordingly, the Market Court ordered Meca to discontinue the use of the relevant statements in its advertisements under penalty of a fine of one million SEK. In addition, Meca was ordered to pay the litigation costs of Bil Sweden, amounting to more than four million SEK.