PRESS RELEASE

INTERNET: ANTITRUST AUTHORITY LAUNCHES INVESTIGATION INTO UNFAIR COMMERCIAL PRACTICE BY THE
ITALIA-PROGRAMMI.NET WEBSITE

Numerous complaints received from consumers and their associations. More unfair practices online.

The Antitrust Authority has decided to launch an investigation into unfair commercial practice, with a possible precautionary order, by Estesa Limited. The decision was taken in the light of the numerous complaints received from individual citizens and consumer associations, including the ADUC Firenze and ACU Piemonte.

According to the reports received, when typing the name of certain software in Google search engine, in particular the antivirus programme AVIRA, accompanied by the word “gratis”, “gratuito” or “free”, the first result to be shown was the link www.italia-programmi.net. On selecting the link, the consumer was redirected to a site requesting personal data for registration under the words “DOWNLOAD NOW”. By entering their personal details the consumer signed, effectively without their knowledge, a two-year contract with Estesa Ltd, registered in the Seychelles Republic, for the supply of software at an annual cost of 96 euros to be paid in advance once a year. The terms of the subscription were displayed on the registration page with insufficient graphical emphasis to allow for its immediate perception. In effect, the consumer was led to believe that the service was free of charge.

Once the cancellation period had passed, and at times even before this term, without providing the consumer with any form of confirmation of the contract’s fulfilment, it appears that Estesa Ltd began to solicit payment and threaten legal action in the case of failure to pay, hypothesising considerable but unquantified and unquantifiable additional costs for the consumer. These solicitations also appear to have been sent to consumers who exercised, in compliance with the terms and methods required, their right to cancellation.

In some of the messages sent to consumers, Estesa Limited also falsely referred to the fact that the company’s lawyers were providing the Autorità Garante della Concorrenza with all the documentation “requested”, although to date nothing has been requested and, therefore, no information has been provided by the company.

Only between the years 2009 and 2011 the Autorità has issued 5 million euros of sanctions for unfair practices which, using the mechanism of registration to websites, induced consumers to sign, without their knowledge, contracts to supply various services.

Rome - 18 July 2011