Antitrust fines to Unieuro, Mediaworld, Leroy Merlin and Monclick for a total of 10 million: incorrect commercial practices in e-commerce activities contested. The Italian Antitrust Authority concluded three proceedings against Unieuro and the subsidiary Monclick, Leroy Merlin Italia and Mediamarket (i.e. Mediaworld), sanctioning them in total for 10.9 million euros: Unieuro for 4 million, Mediamarket for 3.6 million, Leroy Merlin for 3 million and Monclick for 300 thousand euros.
Misleading information and after-sales malfunctions
“The investigations – reads the Agcm note – have made it possible to ascertain that the four companies, in the context of the e-commerce activity of consumer electronics, household appliances, hardware, DIY, gardening and other household products carried out through their company websites, have put in place, especially in the period of health emergency for Covid 19, some misconduct, differentiated for each company “. The first “relates to the critical issues relating to the moment of the offer of products on the website, the other to the malfunctions recorded after the online purchase”.
In the crosshairs, the dissemination of inaccurate and misleading information on the actual availability of products sold online and on their prices, as well as on delivery times. Then there would be the debit of the payment or the blocking of the ceiling before the conclusion of the contract and the unilateral cancellation of the orders of numerous consumers. In terms of dysfunctions after online purchases, there are delays or non-delivery of products purchased and regularly paid for by consumers, misleading information on the status of shipments, delays and obstacles to consumer reimbursement rights, omitted or inadequate after-sales assistance. sale.
The risk of an “unbalanced” e-commerce
According to the Authority, these are behaviors that can be qualified as deceptive and aggressive because they are likely to deceive consumers and condition them in the exercise of their contractual rights. The intervention of the Antitrust is part of a broader trend, aimed at ensuring the correct and balanced development of e-commerce, characterized by the depersonalization of the purchase relationship and by the position of inevitable information asymmetry in which the consumer finds himself. According to the Authority, in this area it is even more necessary to ensure the correctness of commercial relations, through a clear and complete representation of the characteristics of the offers that are advertised and the consequent contractual obligation and consumer rights, to allow a fully informed commercial choice. first in order to purchase and then to execute the contractual relationship.
Sixty days to overcome the critical issues
“These rights – underlines the note – assume particular relevance due to the state of emergency due to the spread of Covid-19, a period in which containment measures were adopted which entailed significant restrictions on the freedom of movement of people and commercial activities at detail pushing many consumers to turn to the online channel ». The four companies, within 60 days, must inform the Authority on the initiatives taken to overcome the critical elements highlighted in the sanctions adopted.