AGCM

The Italian Competition Authority (ICA) imposed a fine of 500,000 euros on Wind for the unfair commercial practices the company adopted on reduction from 30 to 28 days of the renewal period of fixed telephony offers subscribed to by its clients.

In particular, the ICA ascertained the company's unfair conduct consisting in the unilateral reduction of the renewal period, inter alia, of the offers combined with the sale in instalments of products (telephones or tablets or mobile Wi-Fi), since the company charged clients who had exercised the right of withdrawal from these offers with a single payment for an amount equal to the sum of the remaining instalments. The conduct consisting in unilaterally modifying the renewal period also for minimum-duration options (24 or 30 months) was considered unfair as well, because the company required clients who opted for withdrawal to pay the amount established for recovering the cost of the modem (€40) and/or the “Google Chromecast” device (€ 34.90).

The ICA found that Wind’s unilateral reduction from 30 to 28 days of the renewal period resulted in a financial burden for all clients who did not intend to accept this change. Based on the Consumer Code, this practice was therefore deemed aggressive because suitable to limit consumer freedom of choice and of consequently exercising the right of withdrawal, recognised by sector regulations precisely as a protection against contractual variations imposed by the other party.

Rome, 8 August 2017