E-commerce, illegitimate practices and Guarantor sanctions: here’s what they are

The sanctions of the Guarantor Authority

The sanctions imposed on e-commerce giants by the Competition and Market Authority (such as the fine on Yoox for incorrect behaviour) are part of a process of increasingly stringent controls by the guarantor. The acceleration and expansion of digital purchases have led to new practices in the process of purchasing goods online, the legitimacy of which is now being investigated by the guarantor. Online sales have in fact introduced some novelties in the contractual relationship between operator and customer, which pose new problems, on which there is not yet a consolidated practice. It follows that some practices that were not considered to be illegitimate can be considered incorrect. In the specific case of Yoox, for example, the two practices deemed unfair consisted in blocking further purchases by consumers who had made excessive use of the return tool, failing to adequately inform them and delaying refunds of the sums paid. The second concerned the presentation of misleading prices and discounts. The Antitrust Authority has recently launched several investigations aimed at verifying whether the methods of selling products online are in line with the regulations on unfair commercial practices explains Francesco Anglani, partner and leader of the BonelliErede High Range Focus Team —. The Authority had to adapt the rules of the Consumer Code to the online world which, having been adopted about 20 years ago, were designed mainly for the offline sector. But in the near future it will also be able to count on a renewed set of rules deriving from the imminent transposition of the provisions envisaged by the Omnibus Directive, which imposes a series of new transparency obligations on companies that operate online.
But what are the illegal practices under examination by the Guarantor?

Mar 11, 2023

© Reproduction reserved