The Italian Competition Authority decided that these practices indeed constitute unfair commercial practices, in particular with respect to the following elements:
(1) Aggressive commercial practice - since it significantly impairs or is likely to significantly impair the average consumer’s freedom of choice or conduct with regard to the product, and thereby causes him (or is likely to cause him) to take a transactional decision that he would not have taken otherwise, while the trader did not use the required degree of professional diligence in order to protect consumers and avoid such unfair practice. According to the Italian Competition Authority, this practice falls within the scope of Annex I-29 of the UCP Directive.
(2) Aggressive commercial practice - since it constitutes a non-contractual barrier to the exercise of the rights of withdrawal. According to the Italian Competition Authority, this practice falls within the scope of article 9 of the UCP Directive.
(3) Misleading commercial practice - since it is able to misguide consumers with respect to the extent of a specific price advantage. Moreover, given the liberalisation in progress, a relevant informative asymmetry applies (as set forth by Article 6 of the UCP Directive).