Viagogo AG v Competition and Markets Authority

Viagogo AG v Competition and Markets Authority

Provision of face value information via hover-over text accessed through a suitable icon is permitted by the order, as the order expressly allows such a method. However, provision of guarantee deadline information via hover-over text is not permitted, as the order does not expressly allow this and requires the information to be displayed without user action.

Parties
Claimant: Viagogo AG; Defendant: Competition and Markets Authority
Jurisdiction
England and Wales
Judgment Date
18 July 2019
Procedural Posture
Civil (part 8 Claim) / Judgment on Construction of Consent Order
Outcome
Partially allowed
Legal Topics
Interpretation of Consent Orders, Disclosure Obligations, Online Consumer Information, Enforcement of Regulatory Orders
Consumer Protection Contract Law Regulatory Law Interpretation of Consent Orders Disclosure Obligations Online Consumer Information Enforcement of Regulatory Orders

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Parties

Viagogo AG

Claimant

Competition and Markets Authority

Defendant

Procedural Posture

Civil (part 8 Claim) / Judgment on Construction of Consent Order

Legal Issues

  1. 1 Whether provision of information via hover-over text complies with the requirement to 'Clearly and Prominently' display information under a consent order
  2. 2 Whether the use of icons and hover-over text satisfies the order's requirements for disclosure of ticket face value and guarantee deadlines

Ratio Decidendi

Provision of face value information via hover-over text accessed through a suitable icon is permitted by the order, as the order expressly allows such a method. However, provision of guarantee deadline information via hover-over text is not permitted, as the order does not expressly allow this and requires the information to be displayed without user action.

Court Disposition

Partially allowed

Orders

  • Declaration granted that Viagogo complies with Section B1, clause 2(e) of the Order by providing face value information via hover-over text through a suitable icon with a key on each page.
  • Declaration refused regarding provision of guarantee deadline information via hover-over text.