Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (b) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (f)

Creating falsely the impression that a trader carries out works on behalf of a public entity, constitutes a misleading commercial practice.

On 3 November 2011, the Italian Competition Authority decided to start proceedings in order to verify whether new advertising leaflets circulated by the defendant were compliant with its previous decision of 10 November 2010, in which it had already ordered the defendant to cease unfair commercial practices relating to misleading commercial advertising. In particular, the investigations focused on the content of new leaflets circulated by the defendant in order to promote the sale of gas safety devices. The Authority found that the text of such leaflets was similar to the one considered in its previous decision, since it created the false impression that the company carried out mandatory controls of the correct functioning of gas control devices on behalf of a competent public authority.  

Does falsely creating the impression that a trader carries out works on behalf of a public entity, constitute a misleading commercial practice?

Based on the evidence gathered in the course of the investigations, the Italian Competition Authority ascertained that the trader failed to comply with its previous decision of 10 November 2010, with which it was ordered to stop the circulation of misleading leaflets. More in particular, the Authority held, the defendant misleads the consumers by creating the impression that the defendant will carry out monitoring activities on behalf of the competent public government.

URL: http://www.agcm.it/consumatore/consumatore-delibere/open/C12560D000291394/58C1E62D90917037C12579B9003A7992.html

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The Italian Competition Authority decided to fine the defendant with 10.000 Euro.