PRESS RELEASE

DISCOUNT SALES:  ANTITRUST SAYS "NO" TO RESERVING 'PRESALES' FOR SPECIFIC CONSUMER GROUPS

Current regulations limit freedom of economic initiative for individual businesses and create disparities among consumers

The phenomenon of reserving discounted 'presales' for specific groups of consumers should be eliminated. This is the Antitrust Authority position in a report to Government and Parliament that requests regulatory modifications in support of competition and consumer protection.
According to the Antitrust Authority, the 2006 law that launched a process of liberalization and administrative streamlining in the trade sector has need for improvement where it calls for prohibitions on promotional sales shortly before the sales season. This prohibition represents an excessive repression of the freedom of economic initiative of merchants and can foster legal evasion to the detriment of consumers.
The Antitrust Authority has noted a particular risk of unjustified disparities in consumer treatment, such as can occur when certain stores and commercial chains make agreements with associations to reserve discounted promotional sales for association members shortly before the sales season. The 'presale' of sales merchandise that is reserved by merchants for pre-selected groups of customers reflects a similar form of evasion of the law. According to the Antitrust Authority, consumers not belonging to specific categories are being discriminated against, in effect, because they are unable to enjoy the same selection and favorable economic conditions being offered to others.

Rome - January 5, 2011