Consumer protection: the Authority’s role
Consumers must be able to rely on accurate information and fair business conduct when purchasing goods and services. Consumer protection provides safeguards against practices that mislead consumers or unduly influence their choices. The Italian Competition Authority is responsible for enforcing this framework in Italy. Our responsibilities have expanded over time in response to market developments and changes in EU law.
From advertising oversight to a comprehensive consumer protection framework
The Authority’s consumer protection role began in 1992, when it was entrusted with powers to tackle misleading advertising across all media, including television, print, billboards and teleshopping. In 2000, this mandate was extended to cover comparative advertising.
In 2005, we were granted the power to impose fines, strengthening our ability to deter harmful conduct.
Following the implementation of Directive 2005/29/EC, our powers were further expanded to cover all unfair commercial practices by traders. These include omitting material information, exerting undue pressure and misleading consumers, thereby undermining their ability to make informed choices. In these circumstances, we may order the trader to cease the practice, adopt interim measures where necessary, and impose fines of up to €10 million.
Extension of consumer protection to microenterprises
A further development followed in 2012, when the consumer protection rules enforced by the Authority were extended to cover unfair commercial practices affecting microenterprises.
Microenterprises are businesses, regardless of legal form, with fewer than ten employees and an annual turnover below €2 million. Like consumers, they may be exposed to imbalances in bargaining power in their dealings with traders.
Fairness of contract terms
In addition to addressing unfair commercial practices, the Authority reviews consumer contracts to ensure that their terms are fair and transparent.
Companies may request an ex ante assessment of consumer contract terms before they are used. We may also step in where unfair terms are already applied.
Consumer rights and market access
The Authority’s responsibilities also include enforcing consumer rights derived from EU legislation. Since June 2014, we have been responsible for enforcing Directive 2011/83/EU, as implemented in Italy by Legislative Decree 21/2014.
We also act against discrimination based on nationality or place of residence affecting consumers and microenterprises, under Law 161/2014, which updated Italy’s implementation of the EU Services Directive (2006/123/EC). In addition, we enforce EU Regulation 2018/302, which prohibits unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment.
Travel, payments and digital markets
The Authority’s responsibilities also extend to specific sectors. We protect travellers’ rights under Legislative Decree 79/2011, which governs package travel and linked travel arrangements.
We oversee compliance with rules on payment and credit services under Legislative Decree 11/2010 and may impose fines under Regulation (EU) 2021/1230 on cross-border payments.
Emerging practices and new risks
The Authority’s role continues to evolve in response to new commercial practices and technological developments. In 2020, we were granted powers to act against ambush marketing. These apply where a company seeks to promote its brand in connection with a major event in order to gain visibility, despite not being an official sponsor.
More recently, under Law 136/2023, we have been tasked with enforcing the ban on automated pricing systems that personalise prices based on user profiling or the type of device used for online bookings.
Taken together, these powers reflect the progressive expansion of the Authority’s role in protecting consumers and overseeing commercial conduct, enabling it to respond effectively to markets, technologies and business models as they continue to evolve.