Antitrust: fines Telecom, Wind and H3G for premium services – AGI – Agenzia Journalistic Italy

Antitrust: fines Telecom, Wind and H3G for premium services – AGI – Agenzia Journalistic Italy

Economy

19:48 January 21, 2015

(AGI) – Rome, January 21 – The Authority ‘guarantor of the Competition Authority imposed the major players in the mobile communications industry (Telecom, Wind, Vodafone and H3G) a fine of EUR 1.75 million each for Telecom and H3G and 800,000 euro each for Wind and Vodafone, for having adopted unfair business practices in the marketing of premium services used via the Internet from the mobile terminal. This was announced by a press Authority, according to which “against H3G, on account of the significant effects of the conduct which is, ‘was also willing to publish an extract of the measure.” – “In the course of 2014 – the statement – the AGCM has received numerous reports with which consumer groups and mobile phone users denounced the unsolicited supply, and the corresponding obligation on the part of the operator on the phone bills of the sim of premium rate services (the so-called premium services, such as gam es and video) accessible during navigation in mobility ‘through banners, pop ups and landing pages. Even on the basis of what has emerged in the course of inspections carried out with the assistance of the Police Finance (Group Antitrust – the Special Protection markets), the Authority ‘found that the four operators have implemented an unfair commercial practice due to two pipelines: on the one hand, the omission of information about the fact that the mobile phone contract signed pre-sim enables the receipt of premium services, as well as ‘the existence of selective blockade to prevent such receipt and the need’ for the user who wants to take advantage of it by having to turn through an explicit request for membership to the blocking procedure ; on the other hand, the adoption by the mobile operator’s behavior qualified as aggressive, consistent implementation of an automated service activation and billing without any authorization from th e customer to pay, as well as ‘any control over attendibility’ of activation requests from parties such as service providers to foreign contractual relationship between user and operator. “” In respect of the company ‘H3G and Tim – continues the statement – the practice and’ articulated in further conduct consisting in the dissemination of messages that omit material information or that determine access and service activation premium without an express manifestation of will ‘by the user. The Antitrust Authority, the responsibility ‘of the four companies descends – as well as directly from the adoption of such conduct – by other factors: operators derive in fact a specific economic benefit from the marketing of premium services, as they share with suppliers revenues the services provided by holding a high percentage. And also, have proven largely aware about the existence of activations and charges for se rvices not required by its mobile customers. “
” Under the Consumer Code – the statement – the AGCM has rated this practice contrary to professional diligence and likely to distort appreciably the economic behavior of the consumer. The same Authority ‘has banned therefore’ the spread or continuation, as well as impose sanctions, establishing that operators communicate within 60 days of the steps taken to comply with the notice. “

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