Investigation closed with commitments following suspected unfair practice in notifying the renewal of expiring supply terms to customers.

The Italian Competition Authority’s investigation into Enel Energia over a suspected unfair commercial practice has been closed with commitments. The investigation had been launched because the methods adopted by the company to inform customers about the renewal of expiring economic supply conditions – effective from 1 June 2023 – may have left consumers unaware of the price increases. Moreover, where renewal notices were sent digitally, the accompanying letter (so-called DEM) could have been mistaken for a promotional message.

Thanks to the commitments secured by the Authority, Enel Energia will offer over 40,000 customers more than 5 million euro in compensation. In particular, compensation will be granted automatically to customers who were informed of the renewal by post (with economic supply conditions effective from June 2023 until April 2024) – but whose notice went undelivered. Customers who received a renewal notice online (with economic supply conditions effective from June 2023 until April 2024) will also receive compensation – provided they filed a complaint citing the unclear communication of the new contractual conditions with Enel Energia and/or the Authority within the date of the latter’s commitment acceptance decision.

Compensation will apply both to consumers that maintained their contract with the company – who will receive a bonus on their invoice – and to those that switched to another provider, who will be issued a credit note. Enel Energia also agreed to introduce a range of informational measures, consisting of a coordinated system of notices and alerts (SMS, email, invoice, app notifications and Customer Account) to remind customers of the new supply conditions.

Lastly, the company agreed to change the design and wording of its DEMs, as well as to upgrade its IT systems and features of its customer support service, especially when it comes to the renewal of expiring contractual conditions.

Rome, 6 May 2025

The company sells garments manufactured in Tunisia and exported with a price tag displaying two amounts, with the higher one crossed out. The Authority believes the clothing may have been produced from the outset to be sold at a lower price in outlet stores

Following concerns flagged by the Livorno Customs Office, the Italian Competition Authority launched an investigation into Man Project S.r.l. over an unfair commercial practice. The company sells garments under the Coveri Tailor brand, which arrive in Italy with a price tag featuring two amounts, the higher of which is crossed out.

According to the Authority, the garments are new, made in Tunisia and manufactured for the sole purpose of being sold in outlets, even though they have never been for sale in other stores. They are therefore specifically designed to be sold in outlet stores at a lower price.

This sales approach and price indication could qualify as an unfair commercial practice. It may lead consumers to think that the products are from a well-known brand, sold at a discounted price as surplus stock or unsold items from previous collections.

Moreover, the price tag showing two amounts, with the higher of the two crossed out and not reflecting the actual price – but rather an estimated ‘market value’ of the products – may cause consumers to perceive the purchase as a particularly good deal.

An inspection at the premises of Man Project S.r.l. was carried out yesterday by the Authority’s officials, assisted by the Special Antitrust Unit of the Italian Financial Police (Guardia di Finanza).

Rome, 11 April 2025

The Authority imposed fines over prolonged ticket unavailability, partly caused by bots and other automated hoarding tools.

The Italian Competition Authority has imposed a fine of almost 20 million euro on Società Cooperativa Culture (CoopCulture) and tour operators Tiqets International BV, GetYourGuide Deutschland GmbH, Walks LLC, Italy With Family S.r.l., City Wonders Limited and Musement S.p.A. The investigation was launched in July 2023, after the Authority gathered information indicating that the online purchase of tickets to access the Colosseum Archaeological Park was essentially impossible.

CoopCulture, which managed the official ticket sale service for access to the Colosseum from 1997 until 2024, was issued an administrative fine of 7 million euro for knowingly contributing to the substantial and prolonged unavailability of base-priced tickets for entry to the Colosseum. On the one hand, CoopCulture failed to take adequate steps to counter automated ticket hoarding; on the other, it kept a sizeable share of tickets for bundled sales tied to its own educational tours, which generated considerable profits. This resulted in CoopCulture forcing consumers to turn to tour operators and platforms that resold tickets bundled with additional services (such as guided tours, pickup, or priority access) at much higher prices.

Within the same proceedings, the Authority also imposed fines on the six tour operators mentioned above, which used bots or other automated tools to purchase tickets, contributing to the rapid disappearance of base-priced tickets on the website of licensed operator CoopCulture. By doing so, the operators benefited from the constant unavailability of tickets, which left consumers seeking access to the Colosseum with no choice but to purchase them through these channels – often at much higher prices due to the bundling with additional services offered either directly or via other operators.

The Authority found that CoopCulture’s conduct amounts to an unfair commercial practice in breach of article 20, paragraph 2 of the Consumer Code; the conduct put in place by Tiqets International BV, GetYourGuide Deutschland GmbH, Walks LLC, Italy With Family S.r.l., City Wonders Limited and Musement S.p.A. on the other hand, was found to be in violation of articles 24 and 25 of the Code, and – as of 2 April 2023 – also of article 23, paragraph 1, bb-bis) of the same Code.

Rome, 8 April 2025

Consumer protection investigation launched in October 2024 ends with commitments. Refunds and compensation to over 7,700 consumers and micro-enterprises.

The Italian Competition Authority has accepted the commitments offered by Otis Servizi S.r.l., thereby closing the investigation into the company opened back in October 2024. The proceedings had been opened under the Consumer Code, due to the installation of a device requiring payment, named Otis One, on lifts – in some cases without first obtaining express consent – and in response to user complaints about delays in receiving lift installation or repair services.

It is estimated that the commitments made binding by the Authority will affect over 7,700 consumers and micro-enterprises, involving a total of approximately 1.45 million euros.

The commitments will benefit consumers (including apartment residents) and micro-enterprises, through refunds where the Otis One device was installed and/or compensation for delays or complications related to lift installation and/or for repair and improvement works. To this end, within three months of the acceptance of the commitments, Otis will send a registered letter with return receipt or a certified email to the affected consumers and micro-enterprises to request their bank details. Refunds and/or compensation will then be paid within the following 12 months to those who submitted the required information.

In addition to financial remedies – as part of its commitments – Otis Servizi S.r.l will no longer install paid accessories on lifts without first obtaining express consent. It will also roll out a comprehensive set of measures designed to improve the accuracy of the information it provides and speed up the handling of user requests.

Rome, 3 April 2025

Morellato, a leading operator in the production and sale of jewellery and watches, is alleged to have adopted a contractual strategy vis-à-vis its distributors which could restrict competition on the online distribution channel

The Italian Competition Authority has launched an investigation into Morellato S.p.A. over a suspected violation of article 101 of the Treaty on the Functioning of the European Union (TFEU), consisting in adopting commercial terms prohibiting authorised distributors from selling its products on online marketplaces and third-party platforms. The company is a leading operator in the jewellery and watch sector, active in the production, marketing and sale of products both under its own brand and a portfolio of proprietary and licensed brands (Sector No Limits, Philip Watch, Lucien Rochat, Live Diamond, Oui&Me, La Petite Story, Chronostar, FAVS, Bluespirit, CHRIST, Brinckmann & Lange, Cleor, D’Amante, Noélie, Maserati, Chiara Ferragni, Trussardi, Esprit, Jette, Guido Maria Kretschmer). Morellato entered into selective distribution agreements expressly prohibiting retailers from selling its products on online marketplaces, while retaining the right to do so itself, including through dedicated stores on digital sales platforms (such as Amazon). According to the Authority, by prohibiting the use of third-party platforms in its distribution agreements, Morellato may be preventing its distributors from effectively using the Internet to sell products to particular customers or territories, contrary to Regulation (EU) 720/2022 of the European Commission.

An inspection at the premises of Morellato S.p.A. was carried out yesterday by the Authority’s officials, assisted by the Special Antitrust Unit of the Italian Financial Police (Guardia di Finanza).

Rome, 26 March 2025

Access to the high-speed passenger transport market by new entrant SNCF Voyages Italia appears to have been slowed down, and in some cases hindered

The Italian Competition Authority has launched an investigation into Rete Ferroviaria Italiana S.p.A. and its parent company Ferrovie dello Stato Italiane S.p.A. for suspected abuse of dominant position, in breach of article 102 of the TFEU. According to the Authority, access to the national railway infrastructure and, as a consequence, entry into the high-speed passenger transport market by new player SNCF Voyages Italia S.r.l. appears to have been slowed down, and in some cases hindered. In its decision to open the proceedings, the Authority alleges that Rete Ferroviaria Italiana S.p.A. implemented an exclusionary strategy by engaging in various practices related to the allocation of infrastructure capacity.

The Authority’s officials, assisted by the Special Antitrust Unit of the Italian Financial Police (Guardia di Finanza), carried out inspections yesterday at the premises of Rete Ferroviaria Italiana S.p.A., Ferrovie dello Stato Italiane S.p.A. as well as Trenitalia S.p.A. and Italo - Nuovo Trasporto Viaggiatori S.p.A., deemed to hold documents relevant to the investigation.

Rome, 21 March 2025

The company, active in the production and sale of high-end cosmetic products, released unclear information regarding the effectiveness and recommended precautions of certain sun care products

The Italian Competition Authority has ordered Shiseido Italy S.p.A. to pay a 400 thousand euro sanction for an unfair commercial practice in breach of articles 20 and 22 of the Consumer Code. As a matter of fact, through its website and social media channels, the company promoted a less-than-transparent advertising campaign regarding the features of its SyncroShield technology, used in its Expert sun Protector sun care line. This technology, which Shiseido defined as “revolutionary”, allegedly allows water, heat and sweat to strengthen the UV protective veil of these products. This led consumers to believe that the Expert sun Protector products ensure better and longer-lasting sun protection and that they do not need to be re-applied during sun exposure.

According to the Authority, the emphasis on the claims that “the revolutionary Shiseido technology allows water, heat and sweat to strengthen the UV protective veil” and that “the protective veil is strengthened by heat and water” may mislead consumers as to the true effectiveness and prolonged action of the “Expert sun Protector” sun care line and the unique protection offered by this technology. Furthermore, these claims contradict the recommended precautions contained in Shiseido’s instructions included in its packaging leaflet. The latter clearly state that, to maintain an adequate level of protection, the product must be re-applied frequently, especially after perspiring, swimming or towelling.

Rome, 20 March 2025

The investigation focuses on the methods adopted by the company to inform its users about the renewal of economic supply conditions. The Authority received many complaints from consumers between May and September 2024

The Italian Competition Authority has launched an investigation into Eni Plenitude S.p.A. Società Benefit over a suspected unfair commercial practice. The proceedings concern the methods adopted by the company to inform customers about the renewal of economic supply conditions and its failure to implement measures to handle undelivered communications.

Between May and September 2024 many consumers complained to the Authority, stating that their electricity and gas supply contracts were renewed with revised economic conditions without any prior notice from the company. As a matter of fact, it appears that Eni Plenitude renewed its economic supply conditions despite a significant number of undelivered communications, thus denying users their right of withdrawal.

An inspection at the premises of Eni Plenitude and its holding company Eni S.p.A. was carried out yesterday by the Authority’s officials, assisted by the Special Antitrust Unit of the Italian Financial Police (Guardia di Finanza).

Rome, 14 March 2025

The transaction, involving the two largest natural gas distributors in Italy, was likely to harm competition. Following the Authority’s investigation, Italgas will need to comply with a number of important divestiture and behavioural measures.

The Italian Competition Authority has authorised the acquisition of 2i Rete Gas Spa by Italgas Spa subject to conditions. The transaction, involving the two largest natural gas distributors in Italy, may well have led to competitive concerns with respect to future area-based tenders for the identification of gas distribution concession holders in 65 Italian minimum territorial areas (so-called ATEMs).

Following a complex investigation, which saw the participation of numerous market players and industry associations, the Authority authorised the transaction subject to compliance with divestiture and behavioural measures.

In particular, in 31 ATEMs, Italgas is required to divest a share of at least 20% of the gas redelivery points it manages based on existing concessions. In other 4 ATEMs, it will need to sell a share equivalent to that acquired. Such transfers, which must follow specific procedures and the timeline set forth in the final decision, will be made under the supervision of a monitoring trustee approved by the Authority.

Moreover, with respect to all 65 ATEMs under investigation, the company will need to adopt behavioural remedies (financial, contractual, technical and informational measures) aimed at incentivising tender participation, by ensuring other players are in a position to compete effectively against Italgas during tender procedures.

Rome, 11 March 2025