Stampa

PS10569 - Optima Italy: 1€ million fine for unfair commercial practice on the VitaMia offer


PRESS RELEASE


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The Italian Competition Authority has closed today the investigation against Optima Italia S.p.A. for allegedly making deceptive and aggressive claims to consumers in relation to its commercial multi-service offer called "Optima VitaMia" (now renamed "TUTTO-IN-UNO”) for the supply of energy, gas, landline/mobile telephone and Internet, by ascertaining unfair commercial practice in breach of Articles 21, paragraph 1, 22, paragraphs 1, 2 and 4, 24 and 25 of Legislative Decree n. 206/2005 (Consumer Code).

With particular regard to the misleading nature of the practice, the Authority considered that the advertisement of the above offer as "flat" (a fixed tariff) deceptively suggested stable monthly payments and fixed rent, while at the same time it omitted tout court to indicate the actual restrictive conditions of the offer (such as a minimum duration of one year, the existence of a difference payment at the end of the contractual year and the tariffs applied in such a context for the billing of above-threshold consumption). Such practice was likely to seriously mislead consumers on the existence of an offer with a fixed monthly rent, without additional costs, and tailor-made on the supply requirements of the individual consumer.

In relation to the aggressive nature of the practice, the Authority found that the company applied invoice adjustments to a multitude of consumers, exposing them to the payment of substantial amounts in a lump sum at the end of the contractual year. Such invoice adjustments were based on the amount of the monthly rent estimated at the beginning of the contract and which often proved to be wrong. In addition, they were calculated on the basis of personalised tariffs that are not easily accessible and depended on consumption data which proved to be not always real and up-to-date, and consumers were exposed to significant penalty in the event of early withdrawal. All the above elements were likely to exert an undue influence on consumers in relation to the contractual offer, restricting the freedom of action, by encouraging them to take a commercial decision that they would not have taken otherwise.

The Authority has imposed a penalty of 1 million euro on the company and has ordered the publication of a corrective statement on its corporate website.

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

Rome, 01 April 2019