Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8

The unjustified charge to consumers of services that were not consciously ordered, constitutes an unfair commercial practice.

On 7 February 2008, further to several consumer complaints concerning unjustified charges relating to telephone calls and/or internet connections towards international satellite as well as special non-geographic numbers, the Italian Competition Authority decided to start investigation proceedings against Telecom Italia and several other undertakings (Elsacom S.p.A., CSINFO S.p.A., Eutelia S.p.A., Karupa S.p.A., Voiceplus S.r.l. and Teleunit S.p.A.) active in the telecommunication market. It ordered to suspend the alleged unfair practice.

On 7 May 2008, the Italian Competition Authority decided to extend the investigation proceedings to the following companies: Drin TV S.r.l., AbcTrade S.r.l., Telegest Italia S.r.l., Aurora Uno Sro, OT&T S.r.l. Ivory Network Limited, PLUS Production film di Lucci Andrea, in their quality of concessonaire companies for the satellite numbers.

Since the practice had been carried out by using telephone and internet, the opinion of the Italian Communication Authority was requested on 16 September 2008.

The Italian Competition Authority decided that the conduct constituted an aggressive commercial practice and that the investigated undertakings were liable for the following different reasons:

Telecom Italia (the party responsible for the network) was considered to have acted against the required professional diligence, since it was aware of the complaints and did not stop the practice. Notwithstanding the preceding, consumers have been also charged of the payment of the electronic services which were not consciously required; Elsacom S.p.A., CSINFO S.p.A., Eutelia S.p.A., Karupa S.p.A., Teleunit S.p.A. e Voiceplus S.r.l. (the owners of the satellites) were found liable for having prevented the unfair use by third parties of their instruments, damaging consumers; Drin TV S.r.l., AbcTrade S.r.l., Aurora Uno Sro, Telegest Italia S.r.l., OT&T S.r.l., Ivory Network Limited (services centers) were liable towards the final users for the payment of services that were not consciously requested.

Whether the unjustified charge to consumers of telecommunication services that were not consciously ordered, constitutes an unfair commercial practice.

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The Italian Competition Authority decided to fine the undertakings below on the basis of the gravity and duration of the practice:

Telecom Italia - Euro 325,000; Elsacom S.p.A. - Euro 270,000 ); CSINFO S.p.A. - Euro 255,000; Eutelia S.p.A.- Euro 215,000; Karupa S.p.A. - Euro 255,000; Voiceplus S.r.l. - Euro 255,000; Teleunit S.p.A. - Euro 180,000; Drin TV S.r.l. - Euro 115,000. AbcTrade S.r.l. - Euro 115,000. Telegest Italia S.r.l. - Euro 115,000. OT&T S.r.l. - Euro 115,000. Aurora Uno Sro - Euro 115,000.   vory Network Limited - Euro 100,000; and to cease the unfair behaviour.