Spotlight on the Federal Supreme Court's ruling related to the online ticket platform Viagogo

In a second ruling involving Viagogo's marketplace, the Federal Supreme Court confirmed its previous ruling by stating that it is sufficient to display the actual price to be paid only at the end of the ordering process in order to comply with pricing disclosure requirements.

The State Secretariat for Economic Affairs (SECO) previously took the view in its guidelines and recommendations that the detailed price of the goods to be purchased must already be indicated at the time the goods and services are offered, i.e. from the outset. Based on the two Federal Supreme Court rulings (see in this regard our previously published Legal Updates of 20 January 2021 as well as 10 December 2021), it is now established that a company is not violating unfair competition rules if it decides to only display the actual price at the end of the customer's online ordering journey.

Contributors: Sarah Drukarch (Senior Associate), Norina Messerli (Trademark Paralegal)

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