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7 August 2026

The UK Consumer Law Revolution Podcast: Deep Dive: High Court Hands Down Judgment In Long Awaited Emma Sleep Case (Podcast)

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Lewis Silkin

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The High Court recently delivered a significant judgment in the CMA's case against Emma Sleep, addressing the contentious issue of discount claims and reference pricing in retail. The court's decision to reject the CMA's proposed strict 1:2 ratio requirement—which would have mandated that retailers sell one mattress at full price for every two sold at a discount—marks a pivotal moment in consumer protection law. This ruling emphasizes a more flexible, context-driven approach to pricing claims ra
United Kingdom Consumer Protection
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In this episode, Geraint Lloyd-Taylor and Jen Dinmore discuss the High Court's judgment CMA’s case against Emma Sleep, in an important ruling dealing with discount claims (so called ‘reference pricing’).

The case centers on the CMA's attempt to impose a strict 1:2 ratio requirement, under which a retailer could only sell two mattresses at a discounted price for every one sold at the higher "reference" price, before that higher price could no longer be used in a "was/now" pricing claim. This episode explores why the judge declined to endorse the CMA's proposed ratio, instead sending the parties away to negotiate a more nuanced approach that focuses less on a rigid, quantifiable, blanket approach.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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