FASTWEB FINED (AGAIN) BY THE COMPETITION AND MARKET GUARANTOR AUTHORITY (“AGCOM”) FOR MISLEADING ADVERTISING
With the decision rendered at the end of the hearing of April 11, 2018, the Competition and Market Guarantor Authority imposed a pecuniary sanction of more than 4 million Euros against the giant of electronic communications Fastweb, for having it made unfair and misleading commercial practices pursuant to articles 20 paragraph 2, 21 and 22 of the Consumer Code.
The conduct of Fastweb banned by the Guarantor concerns a series of advertising claims – publicized via TV, internet, brochures and advertising – aimed at emphasizing the integral and exclusive use of optical fiber and the achievement of the highest performance in terms of speed and reliability of the connection omitting, however, to adequately inform the consumers about the characteristics of the transmission technology used, the geographical limits of the offer and the real potential of the offered fiber service. According to the Guarantor, such conduct is in contrast with articles 20, 21 and 22 of the Consumer Code since it did not put the consumer in a position to identify the elements that specifically characterize the offer, with particular reference to the different type of services related to the technology underlying the various types of offer; moreover, still according to the Guarantor, Fastweb would have not provided adequate visibility to the additional option, upon payment after a period of gratuity, which allows to obtain the maximum speed advertised. The fine of over 4 million Euros is the result, among others, of the balancing between the aggravating factor of Fastweb’s recidivism and the mitigation due to the partial amendment, by Fastweb, of the information on its own offers.