The Italian Competition Authority, fined Wind Tre S.p.A a total of 4,250,000 euros for unfair commercial practices on 28 March, 2018.

According to the Authority, Wind Tre has omitted and disseminated in a misleading manner, the information regarding the mobile internet services marketed under the “3” trademark and internet connectivity services with fibre optic technology.

Regarding mobile services, the information on extra charges once the data included in the offer is exhausted turned out to be omissive. The Authority specifically considered that the absence of adequate information on additional cost, togerther with the use of advertising claim, such as, “Free Unlimited Plus” and “Browse without worrying about speed with “3's 4G LTE network” they have mistakenly indicated to consumers that the service is characterised by unlimited data traffic both in download and upload.

For internet connectivity services, of fibre optic networks, the Authority has ascertained that the advertising campaign by Wind did not provide information on the characteristics of the fibre offer, and resulting limitations of the service offered, on the geographical limits of coverage of the various network solutions, on the different available services and performances (e.g. waiting times for the use of the same services), as well as on the actual economic conditions of use of the aforesaid services.

As a result of this omissive and misleading conduct, the consumer, due to the use of the all-inclusive term  “fibre", is unable to identify the elements that precisely characterize the offer. The absence of clear information on the characteristics and quality of the service therefore prevents the consumer from making a conscious decision on the purchase of the fibre offer.

The misleading and omissive conduct is of particular significance, considering the importance of the economic sector concerned, which is characterised by consumption patterns and user demands that change rapidly in the face of a growing supply of digital services.

Rome, 11 April, 2018