Further to a complaint reported by a consumers' association, the Italian Competition Authority decided to start its investigation proceedings against the telecom operator Telecom Italia S.p.A. The investigation concerned the possible unfairness of the commercial practice allegedly consisting in the transmission of an advertising by the main national television with regard to the offer "Tim Premia" put out between April and May 2009.
According to the consumers' association the advertising was unfair because it omitted the fact that accepting the offer entailed a charge for a change of rate of the client. Therefore, the above mentioned rate change caused a tariff increase.
According to the defendant, omitting the information about the charge for a change of rate was appropriate and did not mislead a transactional decision as the offer was provided as a compensation of that cost. Regarding the omission concerning the tariff increase, the trader denied the omission of the relevant information. In particular, according to Telecom, the advertising clearly evoked the novelty of the offer, calling the attention of consumers on the diversity of the rate profile.
Since the practice was carried out also by using television, on 11 October 2010 the opinion of the Italian Communication Authority was required.