Loss leader

A loss leader or loss leader is an advertising campaign for a very best offer that is not available in sufficient quantity so that many of the customers attracted to resort to more expensive products.

Germany

If it is a misleading offer in terms of the quantity stored at a loss leader, the person in question is anticompetitive under § 5 Law against Unfair Competition ( UWG). There, it is stipulated that the provider must maintain a sufficient stock level in terms of its advertising with cheap offers; consumers expect that the products offered to the announced or under the circumstances anticipated date are present in an amount that covers the expected demand. If this is not the case, the consumer is misled.

Basically release, the words " So long as stocks last" the advertising company from his obligation is to provide the goods in sufficient quantity; It is in this phrase is a " legally irrelevant banality ".

The former rule, the required goods storage was three days from publication of the notice; however, the recent case law holds partly a presence on the release date of the display to be sufficient. In another case, the Supreme Court ruled, however, that the advertised in an advertising supplement products must be one weeks available in principle. The UWG presented as a guide fixed a supply for two days; the corresponding paragraph (§ 5 para 5 UWG version) but was canceled in 2008 without replacement. However, if " the stocking is less than two days, it is up to the contractor to demonstrate the appropriateness. "