AGCM

The option “recurring purchase” is pre-set instead of “one-time purchase” for a wide selection of products on the marketplace www.amazon.it, thus limiting consumer’s freedom of choice. Commitments have been accepted for another conduct challenged by the Authority.

The Italian Competition Authority has imposed a fine of EUR 10 million jointly and severally on two Amazon group companies, the Luxembourg-based Amazon Services Europe S.à r.l. and Amazon EU S.à r.l.

The investigation has ascertained that Amazon is implementing an unfair commercial practice consisting in the pre-selection of the recurring purchase option for a wide selection of products listed on https://www.amazon.it.  Specifically, on the webpage detailing the characteristics of the chosen item, the “recurring purchase” option is pre-selected by default rather than the “one-time purchase” option to both products sold directly by Amazon and those offered by third-party sellers on the marketplace.

This practice significantly restricts consumer’s freedom of choice. The graphic layout of the pre-selected recurring purchase option may lead consumers to buy products periodically—even when there is no actual need—thereby limiting their ability to choose freely. Moreover, the conduct implemented by the company was deemed contrary to the standards of professional diligence. As a major operator, Amazon is expected to design its online interfaces, particularly those related to purchasing processes, in a manner that allows consumers to make free and informed commercial decisions.

In the opening of the investigation, the AGCM also contested the pre-selection of paid fast delivery option. With respect to this conduct, the Authority has accepted the commitments proposed by Amazon, which will in future pre-select only the free delivery option. In addition, the two group companies will provide compensation to consumers who contacted Customer Service during 2023 to complain about this conduct.

Rome, 24 April 2024