Competitive Advantage Obtained by False Statements
With its subsidiary print24 http://www.print24.com, internet print house unitedprint.com SE scored another victory over Vistaprint. The starting point for the present decision against Vistaprint is a verdict already passed on 11/30/2010 by the Regional Court Dresden under the reference number 3 O 949/10. It was thereby determined that Vistaprint advertised promising free products, although customers were actually charged costs for them. This conduct was deemed unfair and thus anti-competitive. Vistaprint had obtained a competitive advantage due to false statements. The Higher Regional Court Dresden rejected the appeal filed against this verdict on 06/14/2011. The decision is therefore legally valid.
In the proceedings now conducted on 09/30/2011 by the Regional Court Dresden under reference number 42 HK 0 35/11, Vistaprint was furthermore sentenced to disclose to print24 to which extent the prohibited advertising measures were practiced. Vistaprint is therefore obligated to compensate print24 for all damages incurred by Vistaprint’s anti-competitive acts since 02/11/2011, and for all further damages incurred related to this at. As a result, Vistaprint must disclose to print24 the orders generated by the unfair conduct, the turnover thus achieved, as well as the actual costs caused by the orders. The value in dispute has been established at EUR 250,000.