03 July 2015

AGCM opens proceedings against non-compliant mobile providers

The Italian Antitrust Authority (AGCM) has recently reopened an investigation against the four main mobile providers in Italy (Vodafone, Wind, Time, and H3G) for failing to comply with its earlier decision fining them for unfair commercial practices.

In its decision of January 2015, the AGCM found the four mobile providers liable for, among other things, providing to their respective mobile users chargeable services that were either not required or requested unknowingly. Under its decision, the AGCM qualified this behaviour as a misleading omission of information likely to distort appreciably the economic behaviour of consumers. Therefore the AGCM not only fined each operator a total amount of €1,750,000 but also banned them from repeating the practice.

Following some consumer complaints indicating that the fined practice was being repeated by the mobile providers concerned, the AGCM has reopened its investigation for a further period of 120 days. At the end of the extended period it is expected to impose a further fine pursuant to Article 27(12) of the Italian Consumer Code.

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