Case law

  • Case Details
    • National ID: Provvedimento n. 25978
    • Member State: Italy
    • Common Name:PS10278 - TOYOTA-OFFERTA PREZZO D'ACQUISTO
    • Decision type: Administrative decision, first degree
    • Decision date: 13/04/2016
    • Court: Antitrust Authority
    • Subject:
    • Plaintiff: Autorità Garante della Concorrenza e del Mercato (AGCM)
    • Defendant: Toyota
    • Keywords: misleading actions, misleading omissions, misleading price, price, price indication, price information
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (d) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 2. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (d)
  • Headnote
    The provision of incomplete and ambiguous information concerning the total costs and, in particular, the payment modalities and the price calculation of a product represents an unfair commercial practice. In particular, it is an unfair conduct contrary to articles 20 and 21 of the Consumer Code to indicate in the advertisement a promotional price for the product that does not represent the final price to be payed by customers nor in relation to the subscription to installment loans, nor in relation to other payments modalities, allowing the operator to catch the consumer's attention with a fictional price and impeding the consumer to make a comparative evaluation between the product's actual price and the market prices.
  • Facts
    Based on the information acquired ex officio it resulted that Toyota would have presented in an ambiguous way information about the total cost of some cars ("Aygo" and "Yaris Hybrid Cool") and, specifically, about the method of payment and the calculation of the price, which were distributed via the website www.toyota.it and television. In particular, Toyota, when indicating cars' promotional prices, fails to simultaneously point out that the same is reserved only to those who subscribe to installment loans for a final price which was significantly higher than the one indicated in the advertisement, while such information was provided to consumers solely from a note that came in small graphic characters on the website and, in a non-intelligible way, in TV commercials.
  • Legal issue
    Toyota was fined for providing incomplete and ambiguous information concerning the total costs and, in particular, the payment modalities and the price calculation of various cars. The mentioned information diffused through the operators’ Internet websites and other means of communication concerned, in particular, payment modalities and price calculation. In fact Toyota omitted to specify that the costs of the models advertised were reserved only to customers entering into contracts with installment loans. Therefore, the amounts advertised were deemed untrue both for customers wanting to purchase an automobile with modalities different from an installment loan, and for customers wanting to make use of the installment payment. In fact, in the latter case, prices should have been necessarily increased of the financing cost, circumstance not adequately specified in the advertisements diffused by the three automobile manufacturers.
  • Decision

    The omission to inform consumers that the guaranteed promotional price is reserved only to those who subscribe to installment loans for a final price which is significantly higher than the one indicated in the advertisement represents an unfair commercial practice?

    URL: http://www.agcm.it/component/joomdoc/allegati-news/PS10278_scorr_sanz.pdf/download.html

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  • Result
    Toyota was found guilty for the commission of misleading commercial practices.