Limiting the operation of the platform on existing user devices
In the announcement UOKiK describes a situation in which a service user watched a series the day before and the next day he can no longer run the platform on his TV because “the TV is no longer compatible with the service.” The Office of Competition and Consumer Protection emphasized that many HBO users found themselves in such a situation.
“In the assessment President of the Office of Competition and Consumer Protection, such situations could be a consequence of unfair market practice. Therefore, he initiated proceedings against HBO Europe. The allegations of the President of the Office of Competition and Consumer Protection against HBO Europe concern practices that make it difficult for consumers to use the website. In particular, this concerns the limitation of the platform’s operation on existing user devices, the lack of information in the confirmation of the conclusion of the contract about which devices were compatible with it at that time, the imprecise definition of its technical requirements and the lack of a guarantee of operation on devices that were compatible with it at the time of concluding the contract for the entire duration of the subscription,” we read in the announcement.
Unilaterally limiting the list of compatible devices
Quoted in the release President of the Office of Competition and Consumer Protection, Tomasz Chróstny said that unilaterally limiting the list of devices compatible with the service forces the purchase of new devices.
“Meanwhile, we buy devices such as TVs with the intention of using them for years. Without a clear and precise definition of the rules and limits of these changes, consumers have no way of predicting or verifying the risk of losing access to the service at the time of concluding the contract,” Chróstny emphasized.
The Office of Competition and Consumer Protection is analyzing the terms of use of the website
The Office of Competition and Consumer Protection said that the terms of use of the website are also being analyzedaccording to which HBO Europe does not ensure, throughout the subscription period, that the website is compatible with multimedia devices that were compatible with the service at the time of conclusion of the contract. The office is also examining the method of providing information about the website’s technical requirements, including its compatibility with user devices.
“For a significant part of the period under review, this information was made available only in the regulations or on the website of the service, and not on a durable medium, e.g. in an e-mail confirming the conclusion of the contract. This method of providing information could make it impossible for consumers to later determine what technical conditions were in force at the time of purchasing the service,” the Office of Competition and Consumer Protection said.
UOKiK’s reservations regarding the provision of information
The Office of Competition and Consumer Protection also has reservations about providing information about technical requirements and supported devices in a general manner. This method of information may make it difficult for consumers to make an informed purchase decision and shift the burden of self-assessment of equipment compatibility onto them.
“The use of practices violating the collective interests of consumers is subject to a penalty of up to 10% of turnover for each violation and the need to remove the effects of the violation, including the refund of fees to customers wrongly charged by the entrepreneur,” he said. UOKiK.
The office recalled that last year it charged the company with illegally increasing fees Netflix. In 2023, as a result of the intervention undertaken by the Office, Amazon changed its practices and contractual conditions as part of the service Amazon Prime and Amazon Prime Video. Moreover, during explanatory proceedings, the President of the Office is currently verifying the regulations and practices used by Apple, Disney+, Google (with YouTube Premium), Microsoft (with GamePass), Sony (with PlayStation Plus) and Adobe. Some of the surveyed entities have already declared their changes.
