The Authority concluded an investigation against Enneci S.r.l. and EVO S.a.s. di DIERRE Group S.r.l. & C., for having implemented two unfair commercial practices in the promotion and sale of Marion branded latex mattresses.

First, during the TV-sales programme called “Doppio sconto” (double discount), these companies disseminated misleading information, in violation of Article 21, paragraph 1, letter b) of the Consumer Code, with reference to the features of the Evolatex mattress on offer that was advertised as being "higher than ever". In fact, according to the findings established during the proceedings, the Evolatex mattress has a thickness of 16 cm, less than that of the other mattresses in the Marion catalogue and therefore its thickness is such as not to justify the claim “higher than ever".

The second unfair commercial practice consists in the delayed delivery of the Evolatex mattresses on offer, in violation of Article 23, paragraph 1, letter f) of the Consumer Code. In fact, it was found that consumers who purchased the Evolatex mattress were heavily penalised on delivery times compared to customers who purchased other mattresses in the Marion catalogue that were not on offer.

For the said unfair commercial practices  Enneci S.r.l. was fined a total of 65,000 euros and EVO S.a.s. di DIERRE Group S.r.l. & C. was fined a total of 40,000 euros.

During the proceedings, the Authority was supported by the Special Antitrust Unit of the Italian Finance Police.

 Rome, 22 November 2019