Case law

  • Case Details
    • National ID: Provvedimento n. 25973
    • Member State: Italy
    • Common Name:PS10083 - FIAT-TUA CON 7900 EURO
    • 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: FCA Italy Spa
    • Keywords: misleading actions, misleading omissions, misleading price, price information, unfair commercial practices
  • 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 omission of significant information in relation to the total cost of a product and, in particular, on the payment modalities and the price calculation consists in a misleading 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 office FCA would have created a significant business practice consisting in presenting incomplete and ambiguous information on the overall cost of the advertised cars and, specifically, information about the means of payment and price calculation. In particular, it appeared that FCA, in indicating cars' promotional prices, did not state that that same price was reserved only to those who subscribed to an installment loan contract for a final price considerably higher than the one indicated in the advertising. This requirement, in fact, was explained to the consumer only with a small note on the website.
  • Legal issue
    The company was fined for providing “incomplete and ambiguous” information concerning the total cost of various automobiles advertised (Juke, Micra, Note and X-Trail). The mentioned information diffused through the operators’ Internet websites and other means of communication concerned, in particular, payment modalities and price calculation. In fact Nissan 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 conduct consisting in the omission of information to consumers that the guaranteed promotional price 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 represents an unfair commercial practice?

    URL: http://www.agcm.it/component/joomdoc/bollettini/15-16.pdf/download.html

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