Odette Vella
Genuine sales offers play a crucial role in maintaining consumer trust and ensuring the proper functioning of a fair and competitive marketplace. When price reductions are authentic, consumers can make confident purchase decisions and benefit from real savings.
However, when discounts are exaggerated, misleading or artificially inflated, they distort consumer perception and weaken confidence in promotional campaigns, particularly during major shopping events such as Black Friday and Cyber Monday.
Such practices not only mislead consumers but place businesses that follow the rules at a competitive disadvantage.
In this context, the European Commission coordinated a joint action involving 25 EU consumer protection authorities, including Malta, as well as authorities from Iceland and Norway.
As part of this sweep, the 27 participating authorities examined 356 online traders across the EU and found that approximately 30% were presenting discounts incorrectly during Black Friday and Cyber Monday promotions.
In Malta, eight local online traders were reviewed, covering a total of 225 product prices. Of these, 195 offers were found to be compliant, while 30 were non-compliant. This means only 13% of the products checked did not meet the required reference-pricing standards during the promotional periods.
Consumer protection authorities also examined other sales tactics that could influence purchasing decisions. Among the traders screened, 36% attempted to add optional items to consumers’ baskets without obtaining their consent.
Furthermore, 34% of traders displayed price comparisons, yet, in six out of 10 cases the reference basis for these comparisons was not clearly explained, potentially leaving consumers with an incomplete or misleading impression of the discounts offered.
Furthermore, 18% of traders were found to be using pressure-selling techniques, such as suggesting that products were running out of stock or displaying countdown timers designed to create a sense of urgency.
More than half of these practices were deemed misleading, particularly where claims of scarcity were not genuine.
Additionally, 10% of traders engaged in ‘drip pricing’, where costs, such as shipping or service fees, were only disclosed at a later stage in the purchasing process.
“10% of traders engaged in ‘drip pricing’, where costs, such as shipping or service fees, were only disclosed at a later stage in the purchasing process”
Traders’ obligations with regard to price reductions are laid down in the Price Indication Directive.
This legislation requires that when a trader announces a price reduction, the reference price used must correspond to the lowest price that the product was sold during the preceding 30-day period.
This requirement is intended to prevent artificial or misleading ‘before’ prices that could exaggerate the value of a discount and mislead consumers.
Price promotions are also regulated by the Unfair Commercial Practices Directive, which stipulates that any pricing information presented to consumers must be clear, truthful and not misleading.
This legislation prohibits false or deceptive price claims, misleading comparisons, fake discounts or the omissions of key cost elements that could affect the consumer’s decision.
Commenting on the findings of the sweep, Michael McGrath, the European Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, highlighted the importance of trust in the relationship between consumers and businesses.
He stressed that misleading discounts and false ‘promotions’ undermine this trust and risk distorting consumer confidence in the marketplace.
He further stated that the sweep provides a comprehensive overview of market practices, helping to identify areas where further action is necessary to ensure a fair, transparent and competitive market.
In light of these results, national consumer enforcement authorities will assess whether further action is required against the identified traders.
Where appropriate, authorities may initiate proceedings or take other enforcement measures to ensure full compliance with consumer protection rules, in accordance with the procedures established under their respective national frameworks.
Sweeps are coordinated by the European Commission and carried out simultaneously by national enforcement authorities within the Consumer Protection Cooperation Network.
These coordinated exercises have been conducted annually since 2007, covering a wide range of consumer protection themes.
In recent years, they have focused various issues including on COVID-19-related scams in 2020, misleading sustainability claims in 2020, consumer credit in 2021, online reviews in 2021, car rental intermediaries
in 2022, Black Friday sales in 2022, dark patterns in 2022, influencers in 2023, second-hand goods in 2024, and Black Friday and Cyber Monday offers in 2025.
Odette Vella is director, Information, Education and Research, Office for Consumer Affairs, MCCAA.
