Each member state identifies the relevant Autority. Currently in Italy it is the Autorità Garante della Concorrenza e del Mercato (AGCM). Some details below.
Competition and Market Authority
Independent administrative authority that carries out its activities and makes decisions independently of the executive power, established by Law No. 287 of October 10, 1990 (“Rules for the Protection of Competition and the Market”). In addition to the initial/principal jurisdiction over competition, it has added jurisdiction over misleading and comparative advertising.
An investigation into unfair business practices may arise from the Authority acting on its own initiative, or as a result of a complaint. The complaint must contain the particulars of the reporter and identify the practice believed to be in violation of the rules of the Consumer Code.
If the unfairness of the business practice is established, the Authority may prohibit the dissemination of the message, i.e., the unlawful behavior of the operator, establishing financial penalties.
Finally, it should not be overlooked that the AGCM also carries out “moral suasion,” even before opening a formal investigation, to have certain behaviors that may appear suspicious corrected.
However, this is without prejudice to the jurisdiction of the ordinary courts in matters of acts of unfair competition, in accordance with Article 2598 of the Civil Code, as well as, with regard to comparative advertising, in matters of acts carried out in violation of the regulations on copyrights protected under Law No. 633 of April 22, 1941, as amended, and trademarks protected under Legislative Decree No. 30 of February 10, 2005, as amended, as well as designations of origin recognized and protected in Italy and other distinctive signs of competing enterprises, goods and services.
If the unfairness of the commercial practice is established, the Authority, in addition to prohibiting the dissemination of the message, may order the application of administrative sanctions:
- 5,000 euros to 10,000,000 euros, taking into account, among other things, the seriousness and duration of the violation;
- 10,000 to 10,000,000 euros in case of non-compliance with emergency measures and injunctions or removal of effects, and in case of non-compliance with the commitments made in cases of repeated non-compliance, the Authority may order the suspension of business activities for a period not exceeding thirty days.
Last modified on 10/01/2025