Does a 'was' price make a sale sell better?

Yes: a 'was' price makes a sale sell better. The CMA's research review says: "A large body of evidence demonstrates that the presence of a reference price raises consumers' valuations of the offer and their purchase intentions" (CMA, evidence review). That is why a misleading one can break consumer law, and the CMA says a business could be "fined up to 10% of your turnover, or £300,000, whichever is greater" (CMA, price transparency summary).

This is part of our series on sale prices and urgency, checked. It reports what the evidence and the regulators say, with links to each source; it is not legal advice.

What the evidence says

Shoppers "may interpret it as the 'normal', most commonly charged, or un-discounted price", the review adds (CMA, evidence review). We found no independent study of its effect on a small shop's sales.

Can you use one legally?

Only if the higher price is genuine. Under the Digital Markets, Competition and Consumers Act 2024, misleading information is prohibited "if the average consumer is likely to take a different decision as a result", and the CMA lists "the price or the manner in which the price is calculated" and "the existence of a specific price advantage" among what may affect that decision (CMA, unfair commercial practices guidance, CMA207). The advertising code, rule 3.39: "Price comparisons must not mislead by falsely claiming a price advantage" (CAP Code, section 3).

The CMA's examples of non-compliance, from its March 2023 open letter and still cited in its guidance (CMA, urgency and price reduction claims), include a higher price charged for less time than the lower one, sold in very few numbers, flip-flopped with the lower price, undercut since, charged as a temporary hike, or charged long ago. The business "should be able to demonstrate" the higher price was a genuine and realistic selling price (CMA, open letter, March 2023).

No rule sets how long a price must have been charged. The Chartered Trading Standards Institute's guidance lists issues to weigh, and says it "is not statutory guidance, and a court is not bound to accept it" (CTSI, Guidance for Traders on Pricing Practices, updated April 2026).

On 9 August 2026 the government said a consultation "will launch this autumn" on adding fake "was" prices, invented discounts and misleading recommended retail prices to the Act's banned practices (GOV.UK, 9 August 2026). When we checked GOV.UK's open consultations on 1 October 2026, it had not been published.

What to do instead

• Take the comparison price from your records, and keep the evidence: what you charged, for how long, and what sold.
• Do not raise a price in October to cut it in November.
• If you cannot show a genuine higher price, leave the "was" off.

The same care applies to countdown timers, booking fees and the adverts that carry the sale; our 90-day marketing plan covers the whole November push.