Bethesda’s fake discount on the Atomic store is breaking German law. Other countries?

fallout 2 - Bethesda's fake discount on the Atomic store is breaking German law. Other countries?


You've probably all heard about the "great" new bundles on the Atomic Store, maybe you even saw those generous "discounts" from Bethesda, reducing price for the "holidays emote" bundle from 2400 Atoms down to 1200 (EUR 12) and reducing the "comin to town" bundle from 3000 down to 2000 Atoms (EUR 20).

Now I don't want to go into what I personally think about the Atomic Shop and its prices in general as that's being talked about enough elsewhere.

However, one aspect stroke me as rather odd about this promotion. These items are offered "discounted", but they were never even sold before – let alone for their "original" price displayed.

I'm by no means a legal expert, despite 1 unsuccessful semester of law 16 years ago, but I felt like I remembered something about this particular business practice.

As it turns out there was a ruling of the German Supreme Court (BGH) in 2008 over a similar case. Home improvement supply retailer "Praktiker" was running a campaign with "20% on everything!" as a slogan, and was found to have raised the prices of some items shortly before the start of the campaign.


The German Supreme Court (Bundesgerichtshof) eventually found Praktiker guilty of unlawful and misleading business practices – and here comes the interesting part – because the "original" price was only active for about a week before the start of the campaign. The court deemed this too short of a timespan to consider the "original" price the real price, and the campaign had to be changed.

So if we apply this court ruling to Bethesda's "discounts", the situation is objectively worse because Bethesda couldn't even be arsed to offer these items for a single day without the "discount".

I have no intentions to sue Bethesda over this, and I actually don't even know how this would work from a legal perspective to go to court with a US-based company, but I just wanted to point this out to make people aware of how much Bethesda stopped giving a shit altogether.

Are other people aware of similar laws and court rulings in their country?


Source for the court ruling (for German speakers): https://lexetius.com/2008,4286

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