AGCM

The e-commerce platform has violated the Authority's interim measure ordering the provisional suspension of the activities aimed at blocking the accounts of participating consumers in the absence of reimbursement

The Autorità Garante della Concorrenza e del Mercato has concluded the non-compliance proceedings against Sixthcontinent Europe S.r.l., and found that the company has violated the interim measure of 25 February 2020. For this reason, it has imposed a fine of 1 million euros on the company. The interim measure provided for the provisional suspension of any activity aimed at blocking of accounts, in the absence of a precise indication of the reasons, with simultaneous reimbursement of the amount paid and the consideration for the other benefits accrued. Furthermore, the interim measure ordered the company to suspend all activities aimed at preventing and/or limiting and/or modifying the use of the shopping cards purchased and paid for by the members according to the activation and use methods originally envisaged.

The Authority has imposed a pecuniary administrative sanction on Sixthcontinent Europe S.r.l. for having reiterated the conduct falling within the scope of the provisional suspension ordered with the interim measure, with the effect of continuing to unduly freeze the possibility for consumers to use the products, the amounts and other utilities purchased and/or obtained on the platform, against the obligation for the users to continue making at least one purchase every month on the platform, in order to stay active and not to lose the possibility to use the credits accumulated up to that moment.

The interim measure was adopted in the main proceedings which ended with the ascertainment of the unfairness of the commercial practice implemented by Sixthcontinent Europe S.r.l. in violation of articles 21 and 22, 24 and 25 of the Consumer Code.

Rome, 18 January 2021