CASE COMMENTS : ANTICOMPETITIVE PRACTICES - ITALY – UNFAIR COMMERCIAL PRACTICES – COMMITMENT’S PROCEDURE – CONSUMER PROTECTION – DISTRIBUTION
Italy – Unfair commercial practices: The AGCM has severely punished Apple for unfair trade practices against consumers and has refused the commitments proposed by the latter (Apple)
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AGCM, 21 December 2011, Apple, n° 7256
Since 2007, the Italian Competition Authority (AGCM) has been empowered to investigate, decide and sanction unfair commercial practices. It is in this context that last December the AGCM imposed a fine of 900,000 euros on Apple Sales International and its distributors for failing to properly inform consumers about warranty rights arising in particular from the provisions of the consumer code.
The investigation phase began on 28 April 2011 following the referral of the consumer association Altroconsumo which had denounced the existence of false information misleading the consumer. The AGCM had opened an investigation
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