IP332 - ICA: Sixthcontinent, infringement proceedings launched for failure to comply with the interim measures ordered by the Authority


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The Autorità Garante della Concorrenza e del Mercato once again intervened against Sixthcontinent Europe S.r.l. - a company active in the sale of cards (Shopping Cards) that allow consumers to purchase products and services offered at discounted prices and which entitle them to a series of advantages in terms of discounts, points and other benefits - by initiating proceedings on 1 April 2020 to challenge their failure to comply with the interim measure ordered in the proceedings (PS11332) initiated on 3 December 2019.

In particular, the above-mentioned interim resolution envisages that the company Sixthcontinent: a) shall suspend the blocking of accounts in the absence of any precise specification of the reasons, with simultaneous reimbursement of the amount paid and of the consideration for the other benefits accrued and b) shall refrain from any activity aimed at preventing or limiting the use of the Shopping Cards already purchased in accordance with the terms of activation and use originally envisaged.

Indeed, a significant and constant flow of complaints, as well as the report submitted belatedly by Sixthcontinent, show that the company has not complied with the precautionary measures ordered by the Authority to stop the continuation of the practices that were already prima facie grossly unfair. 

The Authority, in view of the unique current circumstances, is continuing to monitor the market focusing its attention on operators active in e-commerce who adopt unfair and misleading behaviour.

Rome, 14 April 2020