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Unfair Commercial Practices Directive, Chapter 4, Article 11, 1., (b) Unfair Commercial Practices Directive, Chapter 4, Article 11, 2., (a)

The control over unfair commercial practices is entrusted to a number of sector authorities which are exclusively competent for a specific economic sector (Bank of Italy, Companies and Stock Exchange Commission -Consob-, Communications Authority -AGCOM -) as well as to cross authorities such as the Antitrust Authority -AGCM-. The coexistence of such authorities may be problematic with respect to the division of powers between the authorities themselves. This is even more true in the financial and credit sector, since the sector legislation (in particular, Law . 24.2.1998, n. 58 and subsequent amendments) attributes significant regulatory, informative, inspection and sanction powers to Consob, while on the other hand, even in regulated sectors, AGCM has the power to intervene in respect of conducts carried out by traders integrating an unfair commercial practice. This article investigates the relationship between the above mentioned authorities with regard to unfair commercial practices.