In this episode, Geraint Lloyd-Taylor and Jen Dinmore discuss the High Court's judgment CMA’s case against Emma Sleep, in an important ruling dealing with discount claims (so called ‘reference pricing’).
The case centers on the CMA's attempt to impose a strict 1:2 ratio requirement, under which a retailer could only sell two mattresses at a discounted price for every one sold at the higher "reference" price, before that higher price could no longer be used in a "was/now" pricing claim. This episode explores why the judge declined to endorse the CMA's proposed ratio, instead sending the parties away to negotiate a more nuanced approach that focuses less on a rigid, quantifiable, blanket approach.
