The Italian Competition Authority launches an investigation and opens sub-proceedings for potentially ordering interim measures against two companies providing products for the prevention of contagion COVID-19 to consumers resident in Europe (ContextLogic / Wish)

PS11734 - ANTITRUST: PROCEEDINGS INITIATED AGAINST THE WWW.WISH.COM PLATFORM*

On 31 March, the Authority launched an investigation and opened a sub-proceedings for ordering, if necessary, an interim measure against ContextLogic Inc, the US company that owns the www.wish.com platform and its subsidiary ContextLogic B.V., a company incorporated under Dutch law, which provides market place services to consumers resident in Europe.

The subject-matter of the proceedings is the sale on the said platform of products for the prevention of contagion from the SARS-CoV-2 virus (Coronavirus, Covid-19).

In particular, on the one hand, this involves offering alleged test kits for home diagnosis of coronavirus - with specifications expressly referring to the possibility of detecting the antibodies of the new coronavirus in human blood, serum or plasma, despite precise indications from the health authorities that they are unreliable - which could not only mislead consumers but also endanger their health.

On the other hand, the use of claims which attribute specific effectiveness to some products (mainly filtering face masks) in terms of protection and/or the fight against the COVID 19 virus; moreover, the high level of prices recorded in recent weeks with reference to these products will also be investigated.

The proceedings, aimed at assessing the responsibility of the Companies as owners of the Wish marketplace platform, originated from investigations carried out ex officio and are part of the wider monitoring activity that the Authority is carrying out in the e-Commerce sector during this specific time of health emergency.

*This is the original title of the press release. The title above has been amended in order to match the e-Competitions format. Individual authors are welcome to provide original independent commentaries on the case law. Articles are subject to approval by the Board of e-Competitions Bulletin before publication based on the Editorial Policy (click here).

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Italian Competition Authority, The Italian Competition Authority launches an investigation and opens sub-proceedings for potentially ordering interim measures against two companies providing products for the prevention of contagion COVID-19 to consumers resident in Europe (ContextLogic / Wish), 31 March 2020, e-Competitions May 2020 - II, Art. N° 94230

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