Because we exploit Apple, Benetton, Google, Mc Donald’s and more. Word of Rustichelli (Antitrust)

We publish the speech of the president of the Antitrust Authority, Roberto Rustichelli, given on the occasion of the annual report on the 2020 activity of the Agcm

Madam President of the Senate, Authorities, Ladies and Gentlemen,

the traditional appointment with the Authority's report falls this year at a crucial moment for the European Union, in the aftermath of a pandemic crisis that has opened a new phase in the life of European institutions and citizens.

With the adoption of the Next Generation EU , Europe has shown a great ability to rethink itself, making a decisive qualitative leap in sharing responses to the economic crisis.

The events of the last year leave us this lesson: overcoming narrow views and national selfishness is the only option we have to overcome the weaknesses of individual countries and lay the foundations for a future of greater prosperity and well-being.

The unexpected unanimity shown by the member countries in the face of the pandemic shock bodes well to be able to resolve the threats to the integrity of the single market and the recovery of Europe.

In this context, in fact, one of the priorities to be addressed for the full development of the potential of a united Europe is precisely the strengthening of the single market, with the overcoming of the inequities and asymmetries that prevent it from fully explaining its beneficial effects.

1. The crux of unfair tax competition within the EU

Since the presentation of my first annual report in July 2019, I have strongly posed a theme, that of unfair tax competition between Member States, which constitutes one of the most serious distorting factors of that level playing field , which is the foundation of fair competition. .

The damage caused to the States that produce value from the fiscal dumping put in place by certain European countries, which today have become real tax havens with the euro, has become even more serious.

According to a recent analysis [1] , 27 billion were made in Italy in 2018 by multinationals and moved to European tax havens; 40 those moved from France; 71 profits subtracted from taxation in Germany.

Six states almost always benefit from it: Luxembourg, Ireland, Holland, Belgium, Cyprus and Malta, while Europe is the main victim of the avoidance of large companies, with over 35% of profits moved from the Old Continent, compared to less 25% from the United States.

Dumping in terms of contributions and job protection from some Eastern European countries is also important: all the more serious when European contributions are used to achieve undue competitive advantages and encourage relocation processes to the detriment of other member countries.

The persistence of these phenomena is fundamentally in contrast with the principle of solidarity desired by the founding fathers of the European Union and risks compromising the European project.

On the field of tax competition, however, the G20 summit held in Venice last July concluded with an agreement in principle that provides for the introduction of a global minimum tax of at least 15%.

Although this agreement represents a step forward in contrasting the behavior of multinationals that today can freely shift profits to tax havens, it does not completely solve the problem of unfair competition within the European Union.

It does not solve it either from an ethical point of view, since European countries continue to exist which, in the absence of common rules, abuse their fiscal autonomy, or from the point of view of enforcement , since it will be difficult to apply the new tax uniformly to due to the lack of standardization of the calculation criteria of the related tax base.

A system cannot continue to exist in which multinationals are allowed to operate by exploiting the infrastructures and services paid for by citizens, without making their own contribution through the payment of taxes in the countries where the value is produced.

Moreover, tax savings are increasingly not translated into investments to increase productivity, but are used for the benefit of shareholders through the payment of large dividends and the repurchase of own shares.

The Authority therefore continues to wish for a more decisive commitment on this front since the development of a member country cannot be pursued through aggressive forms of tax competition to the detriment of others.

This is an unfair competition that damages competition and the market, from which everyone is defeated.

If the objective that awaits us is to build a stronger, more cohesive and supportive Europe, this also depends on the way in which the issue of unfair tax and contribution competition will be tackled.

In order to guarantee an effective level playing field in the single market and avoid a serious penalisation of our country, the importance of removing the limits currently existing in our legal system on the issue of multiple voting shares for listed companies is also reiterated.

These limits constitute constraints on the free organization of economic activity that can lead companies not to choose Italy as their headquarters, or to move the latter to countries where such constraints are not envisaged.

2. The need to strengthen competition and equity in digital markets

On the other hand, strengthening the European single market necessarily involves greater protection of businesses and consumers in digital markets.

Digital platforms have now become a fundamental hub for commercial users who intend to reach online consumers and some of them have come to enjoy a consolidated and lasting market power, which gives them the right to act unfairly towards the subjects who con they interface.

Competition is often compromised and, consequently, the innovative services generated by the platforms' commercial competitors may not reach the consumer, or the process of access to them by consumers may be slowed down, with negative consequences on individual and collective well-being.

Therefore, the initiative taken by the European Commission in December 2020 with the proposals of the Digital Markets Act and the Digital Services Act is appreciable.

Faced with monopolies with such unprecedented features and not always easily contrasted with traditional antitrust instruments, it is positive that the space for regulation is opening up, a terrain on which Europe has an important tradition behind it.

However, the current text of the DMA has ample room for improvement and, to this end, the Authority has repeatedly highlighted numerous critical issues.

I will limit myself to recalling the two main ones:

• first of all, digital is not a sector but a technology that pervades the whole economy, so a one size fits all approach is questionable, with the introduction of equal rules for all in the face of very different business models;
• moreover, the new regulation favors a centralistic enforcement model, based on the exclusive competence of the Commission.

This – I want to say it clearly – is a serious mistake.

There is no reason why the successful experience of the European Competition Network , gained in over 15 years of shared application of European competition rules, should not continue to be fully utilized in this matter: all the more so in light of the significant contribution that the national authorities of competition have so far shown that they know how to give and actually have given with reference to digital markets.

It is also necessary to avoid that, as underlined by the network of national competition authorities [2] , the objective lack of resources that the Commission will be able to dedicate to the performance of the new tasks could lead to dangerous gaps in protection, with a consequent violation of rights. fundamental for economic operators and for the competitive structure of the markets.

The hope is that we can arrive at a solution capable of really strengthening competition and equity in digital markets, at the same time enhancing the experience accumulated by the national competition authorities which, unlike what happened overseas, were the first to understand and countered the unfair behavior of the platforms, recognizing the danger for the proper functioning of the market and for the rights of consumers.

 

3. Economic reconstruction of the country. The hub of the implementation of the PNRR

Although all the economic data suggest a promising recovery trajectory for our country, we must be realistic.

The health emergency is not yet behind us but, above all, it should not be overlooked that Italy is facing further difficulties compared to the other economies of the euro area, starting from the enormous weight of the public debt it reached in July 2021, the figure of 2,726 billion equal to about 160% of GDP.

The condition of weakness in which the country finds itself finds one of its deepest causes in the lack of productivity growth, due to a series of structural delays never faced, which have led to a severe loss of competitiveness.

Post- pandemic reconstruction is, therefore, a unique opportunity to overcome ancient weaknesses and give the country the necessary structures to help ensure an efficient production system.

The keys to our relaunch are those clearly identified in the National Recovery and Resilience Plan approved by the European Commission.

It must be clear that much more than the 191.5 billion envisaged by the Plan in favor of Italy is at stake, which, moreover, is the largest beneficiary of the funds allocated: in reality, the credibility of the country is at stake.

Furthermore, if we manage to use these resources productively, not only the Italian economy will benefit from them, but confidence in us within the European Union will also be strengthened and then the issue of common debt could, in perspective , become something more than a mere emergency measure.

It must be recognized, however, that there are many unknowns regarding the implementation of the Plan, starting with a hypertrophic regulatory framework that acts as a brake on investments.

It is sufficient to remember that in our country the average time for carrying out public works, the cost of which exceeds 50 million euros, is approximately 14 years.

The risk, therefore, is that the huge flows of resources envisaged by the PNRR will not be able to promptly translate into public works, therefore into investments and infrastructures.

Corruption, on the other hand, continues to be a deep-rooted phenomenon that must be fought vigorously, as it risks conditioning the new phase, taking into account that a significant part of the resources passes through public procedures.

If we consider that today 74% of corruption proceedings concern the public procurement sector [3] , especially tendering procedures (82%), rather than direct awards (18%), an urgent reflection is needed. imposes.

All this demonstrates that the Code of public contracts, which has also been amended numerous times, not only has not been able to contribute to reducing offenses, but also risks, with its cumbersome and complications, to hinder the achievement of the ambitious objectives. assigned to our country.

For this reason, the Authority strongly recalled the need to simplify the current legislation in a sector that represents 11% of the national GDP.

In this regard, I want to reiterate here the need that in relation to public expenditure to be financed through the funds of the Next Generation EU, only the rules contained in the European directives of 2014 be applied, with the necessary additions only where the European provisions are not self-executing [4] .

It is therefore a good thing that both the PNRR and the delegating bill on public contracts approved by the Council of Ministers, which is being examined by Parliament today, are moving in this direction [5] .

This solution does not prejudice the legality of public procedures and, above all, the economic and social rights of workers, without prejudice to the application of labor law, both national and of European derivation [6] .

In particular, the European directives contain clear safeguards for the protection of these rights. Consider that:

• The art. 1, paragraph 5, of Directive 2014/24 / EU provides " This directive is without prejudice to the ways in which the Member States organize their social security systems ".
• The art. 18, paragraph 2, of Directive 2014/24 / EU states that " Member States shall adopt adequate measures to ensure that economic operators, in the execution of public contracts, comply with the applicable obligations in the field of environmental, social and labor law established Union law, national law, collective agreements or international provisions on environmental, social and labor law listed in Annex X ".
• The art. 30, paragraph 3, of Directive 2014/23 / EU states " Member States shall adopt adequate measures to ensure that economic operators, in the execution of concession contracts, comply with the applicable obligations regarding environmental, social and labor law established Union law, national law, collective agreements or international provisions on environmental, social and labor law listed in Annex X ".
• The art. 1, paragraph 5, of Directive 2014/25 / EU provides " This directive is without prejudice to the ways in which the Member States organize their social security systems ".
• The art. 36, paragraph 2, of Directive 2014/25 / EU states " Member States shall adopt adequate measures to ensure that economic operators, in the execution of public contracts, comply with the applicable obligations regarding environmental, social and labor law established by Union law, national law, collective agreements or international provisions on environmental, social and labor law listed in Annex XIV ".

More generally, the Authority believes that a cultural change is necessary.

Too often, in the name of a misunderstood culture of legality, we rely on the formulation of new rules as a barrier to the risk of illicit behavior.

In reality, normative elephantiasis translates into a multiplication of places and occasions of corruption. The market needs few, clear and proportionate rules.

It is necessary to return to trust in administrative discretion, which is an indispensable element for public administrations to be true and balanced interpreters of principles and rules, in order to achieve the objectives of general interest entrusted to their care in an effective and timely manner.

In any case, there is a strong need to accompany the use of the funds allocated with a credible growth strategy aimed at improving the country's competitiveness. In fact, we cannot rely on a recovery that is cyclical, but not yet structural.

The relaunch of competition policy is a central pillar of this strategy.

The wide gap that characterizes the dynamics of the Italian production system compared to the rest of the European Union is explained, in fact, not only on the basis of the low level of investments and innovation, or the shortcomings that characterize the institutional and administrative framework, but also for the competition deficit in various sectors.

For this reason, the Authority looks favorably on the centrality assumed by competition policies within the PNRR.

The annual law for competition and the market constitutes, in particular, the most suitable place to remove the many ties and ties that still suffocate the precious creative energies that the country does not lack.

In this spirit, in recent months the Authority has presented to the Government and Parliament an articulated series of proposals, with a view to promoting the construction of a more competitive system open to the free initiative of businesses.

Naturally, the Authority, in full awareness that the identification of priorities, the balancing and synthesis between the various interests at stake are the responsibility of Parliament and the Government, will continue to make its own respectful contribution in the forms of law.

4. The guiding line of the Authority's action during the pandemic

In the past year, the Authority has pragmatically oriented its action, in the awareness that it is the Institution's responsibility to carry out research actions for the concrete solution that is most advantageous for the balance of the markets, for the development of businesses and for the well-being of citizens.

Therefore, whenever the regulations have allowed it, the Authority has favored conciliatory measures, through moral suasion and commitments, which also led to a deflationary effect of the dispute.

These measures, which constitute alternative enforcement tools, having as their primary objective the cessation of the potentially illegal conduct, resulted in a marked increase.

In this context, a special mention should be reserved for decisions in which the commitments proposed by the companies and made mandatory by the Authority provided for refunds to consumers and simplification of the bureaucratic burdens borne by them.

The data relating to interventions to protect consumers in the period January 2019-July 2021 highlight a significant and progressive increase in the commitments that provide for the voluntary adoption of specific compensatory and / or compensatory measures in favor of consumers affected by the companies involved. commercial conduct subject to investigation.

In the reference period, this type of measure concerned over 42% of the 66 acceptance measures for commitments adopted. The percentage rises to 63% if we consider only the procedures (24) concluded with commitments in the first seven months of 2021.

Based solely on the procedures for which definitive data are available, the set of these interventions, concerning various and important economic sectors – from air and sea transport to banking and financial services, from insurance products to the supply of electricity and gas – has entailed the recognition of refreshments for the benefit of over 580 thousand consumers, for a total amount returned exceeding 34 million euros.

This method of intervention can be far more effective than financial penalties, since it not only contributes to increasing trust in the institutions by weak subjects and lacking the ability to obtain, on their own, adequate protection of their rights, but also promotes a model of virtuous behavior on the part of companies, which improves their reputation on the market and the relationship with consumers.

5. The data on the activity carried out

The above does not change the fact that the Authority's sanctioning policy has retained the traditional rigor in the face of particularly serious offenses, which could compromise the proper functioning of the markets and harm the rights of consumers.

In fact, from January 1, 2020 to July 31, 2021, the Authority imposed a total of 627 million euros in penalties, of which 496 million in the field of competition protection and 131 million in consumer protection.

With reference to the protection of competition, 5 proceedings for agreements were closed, 8 for abuse of dominant position and 9 for mergers.

In the matter of agreements and abuses, the proceedings closed with the ascertainment of the offense amounted to 8, while those closed with commitments equal to 3. In the matter of concentrations, the Authority examined 110 transactions, starting the investigation in 9 cases .

As regards the protection of consumers and micro-enterprises, 82 proceedings were concluded with the ascertainment of the infringement and 52 those closed with commitments. Furthermore, in 165 cases, the Authority ordered the archiving following moral suasion .

Advocacy activity was also particularly intense, aimed at promoting compliance with competition principles by the public authorities, with an overall success rate of the interventions carried out well above 50%.

In particular, there are 55 interventions pursuant to art. 21- bis of law no. 287/90, 45 opinions and 51 reports with which the Authority requested the removal of unjustified restrictions on competition.

With regard to other competences, 131 interventions were carried out in the field of conflict of interest and 7,372 procedures for the issue of the legality rating .

6. The protection of competition

In the firm belief that the application of competition law can contribute to a more solid recovery, the Authority has intervened rigorously with regard to conducts capable of aggravating the consequences of the current economic situation, paying particular attention to strategic sectors for growth. , digitization and sustainability.

With this in mind, the objective of contributing with every possible tool to speeding up investments in infrastructures for the digital transition was considered a priority.

In particular, the Authority ascertained, against a primary telephony operator, an abusive conduct aimed at hindering the development in a competitive sense of investments in ultra-broadband network infrastructures, imposing a penalty equal to over 116 million euro [7] .

The conduct in question was found to be suitable for delaying the development of fiber in its most innovative form, that is FTTH, precisely in areas where, in the absence of subsidies, the market would not carry out innovative infrastructure, with serious damage to the digitization process. of the country.

Furthermore, in December 2020, the Authority launched an investigation in relation to a co-investment project between the main telephony operators, in order to verify the effects on the country's infrastructure process.

The Authority also pointed out the critical issues related to the development of broadband, suggesting the elimination of unnecessary restrictions on the installation of mobile telephone systems, identifying the criteria for assigning frequencies in a transparent, clearly defined and non-discriminatory manner, in in order to facilitate the programming of investments by operators, as well as to stimulate the demand side.

Special attention was also paid to the contribution that genuinely competitive dynamics can make to the transition process towards an environmentally sustainable growth model.

In this sense, the Authority sanctioned an abuse of a dominant position by Google with 102 million euros, consisting in not allowing the interoperability of Enel X Italia's JuicePass app with the Android Auto system, a specific Android that allows you to use apps safely when the user is driving.

JuicePass offers a wide range of functional services for charging electric vehicles, ranging from finding a charging column to managing the charging session, passing through the booking of a charging station; this latter function guarantees the actual availability of the infrastructure once the user has reached it.

The Authority considered that Google's conduct, aimed at favoring its Google Maps app , was likely, among other things, to negatively influence the development of electric mobility in the crucial phase of its launch.

The measure also contributes to favoring the use of "clean" energy to the detriment of fossil fuels and, with it, the transition towards more sustainable mobility from an environmental point of view.

In the waste management sector, where the competitive lever is crucial for the full development of the circular economy, a consortium active in the recovery and recycling of PET was sanctioned for over 25 million euros [8] , for having committed an abuse aimed at excluding a competing consortium that had introduced an alternative and innovative recycling system.

During the year, attention to digital markets was confirmed , made even more central in light of the new consumption and production models imposed by the pandemic.

Three investigations are currently underway, respectively:

– against Amazon, for an alleged abuse of a dominant position in the context of the supply to third party sellers of intermediation services for the purchase and sale of goods and services on the Amazon.it platform, as well as logistics services;

– against Google, for an alleged abuse of a dominant position consisting in the discriminatory use of the amount of data collected through its applications, which would prevent competitors from competing effectively in the online advertising market [9] ;

– against Apple and Amazon for an allegedly restrictive agreement on competition, aimed at excluding from the Amazon marketplace the electronics retailers who legitimately market the Apple and Beats brands.

Again in relation to the new digital markets, the Authority intervened to encourage the opening of the taxi booking market to digital platforms.

In particular, the Authority ascertained the unlawfulness of clauses aimed at hindering the entry of competing platforms imposed by taxi cooperatives operating in the municipality of Naples and Turin, in line with the actions already carried out in relation to cooperatives operating in Rome and Milan.

In the field of public procedures, one of the guidelines that inspired the enforcement was the contrast to the conduct of the outgoing public service operators, aimed at hindering the contracting authorities in banning tenders, in order to block or delay the procedures for selecting new carers.

In this regard, in the energy sector a proceeding involving the refusal or delay, by the incumbent companies in the gas distribution market relating to ATEM Genoa -1, of the supply to the contracting station of information was concluded with commitments. relating to the characteristics of the distribution infrastructure, necessary to prepare the call for tenders for the management of the network.

The commitments of the gas distribution network operator operating in the Venice-1 ATEM were also accepted in relation to the refusal to provide the contracting authority with information on the characteristics of the managed network, which include measures aimed at facilitating the preparatory activities for the preparation calls for tenders by the contracting stations of all the ATEMs in Italy that include the Municipalities in which the operator in question operates.

Also in the sector of local public transport services, the Authority intervened with precautionary measures to block the obstructive behavior of the outgoing concession holder aimed at delaying the takeover of the contractor of the TPL service of the Tuscany Region.

In parallel with this type of intervention, the Authority continued to monitor the fairness of the competitive confrontation in the context of public tenders.

In particular, the investigation continued relating to the alleged agreement regarding public tender procedures for the supply of water meters and that for the supply of professional clothing and accessories to public bodies, including the Municipal Police Corps.

Finally, there was no lack of interventions to repress anti-competitive conduct in other sectors such as the market for the sale of tickets for live pop music events, in which an abuse by Ticketone was sanctioned with 10 million euros.

With reference to the mergers, in 2020 the Authority conducted nine investigations in order to assess the effects on the level of competitiveness of the markets affected by the notified operations.

The most significant interventions concerned the banking sector, at the center of a consolidation process that could involve various national players in the future and which saw the Intesa Sanpaolo-UBI concentration take place in the past year, as well as that of large-scale distribution, in which for some time the main market operators have been implementing dimensional growth strategies through external channels.

Also in consideration of the constant dimensional growth of numerous companies, the Authority has paid particular attention to the case of abuse of economic dependence, a particularly useful tool to combat the illicit conduct of operators who, although not in a dominant position, have a high degree of power. market.

In this context, the Authority concluded an investigation against the former postal monopolist, fined for over 11 million euros, for having imposed unjustifiably burdensome clauses in the contracts stipulated with a company that carried out the distribution and collection service of correspondence in an important regional capital [10] .

Two investigations are also underway on this issue against McDonald's and the Benetton group.

In particular, the investigation against McDonald's is aimed at verifying whether the manager of one of the main global chains of fast food restaurants has imposed on its affiliates a series of unjustifiably burdensome conditions and obligations capable of unduly conditioning their economic activity and compressing it. profitability margins.

The investigation of the Benetton group intends to verify whether the fashion company has imposed unjustifiably burdensome clauses in franchising contracts, capable of conditioning the franchisee's economic activity, preventing him from managing his own commercial activity independently.

Finally, fourteen investigations were concluded pursuant to the regulations on commercial relations regarding the sale of agricultural and agri-food products to dairies for unfair practices to the detriment of the contributing farmers.

 

7. Consumer protection

The fairness of businesses towards consumers, transparency in the various phases of the consumer relationship, the quality of information and, more generally, the full protection of their rights were even more important objectives to be safeguarded during the pandemic.

For this reason, the Authority has significantly strengthened its commitment in this area, also by inaugurating innovative application lines in order to counteract all those behaviors – particularly hateful – which have leveraged the fears and new consumer needs, which arose as a result of the pandemic. .

First of all, the protection of consumers in online commerce is highlighted, which has grown strongly also following the health emergency and the related lockdowns .

The Authority, aware that the spread of the contagion required promptly repressing any opportunistic exploitation of the crisis, as well as carrying out effective controls to ensure the regular supply of health devices and drugs, intervened quickly by imposing the immediate cessation of the anomalous conduct of the operators through extensive use of precautionary powers.

The interventions concerned incorrect and deceptive behaviors with reference, among other things, to the marketing methods of sanitizing products and masks, as well as the sale of drugs with false antiviral properties and tests for self-diagnosis of the infection.

We also highlight the many measures with which the Authority has ascertained the incorrectness of the promotion and marketing online and on the marketplace of products presented as useful in order to prevent, diagnose or combat the virus in the absence of any scientific evidence and, in some cases, which could also endanger the health of consumers.

The Authority's action has led to the identification and consequent obscuration of 64 websites related to illegal pharmacies that advertise the sale of allegedly effective drugs against Covid-19.

Furthermore, the commitments accepted following the outcome of the proceedings initiated against the main e-commerce platforms active in Italy, obliged the latter to proceed with the control of about 60 million offers of sanitizing products, masks and Covid-19 tests , as well as to removal of over 400 thousand of said offers for misleading claims and / or excessive prices.

Consumer protection in online commerce was also at the center of the Authority's attention for other types of conduct.

One category of interventions concerned the online sales of unavailable products and the non-delivery of purchased goods, obstacles to the exercise of withdrawal and refund rights by consumers, the online disclosure of incorrect information regarding the status of orders and delivery times and, finally, the commissions on credit card payments ( credit card surcharge ).

The Authority also carefully monitored the conduct of those active in the management of fundraising campaigns created by third parties, given the proliferation of charitable initiatives created in response to the health emergency.

In this regard, in December 2020 the investigation was concluded against the most important international platform GoFundMe, ascertaining the existence of two unfair commercial practices concerning the deceptiveness of the claims of free fundraising and the pre-setting of the percentage. commission in favor of the manager.

The interventions aimed at ascertaining some unfair commercial practices in relation to the registered delivery service should also be mentioned. As a result of an investigation procedure, it emerged in particular that the postmen, contrary to what the company emphasized in the claims , did not attempt to deliver the registered letters, forcing the recipients to go to the post offices to be able to collect them. Such practices have proven particularly harmful in a period of home isolation.

A second macro-area to which the Authority paid the utmost attention was the credit sector, as the state of weakness and difficulty in which consumers and micro-enterprises found themselves has imposed an increased duty of diligence on the part of the to banks and credit intermediaries.

There were numerous interventions by the Authority, including with the instrument of moral suasion , which led to the adjustment by the banking and financial companies, which, in most cases, filled the disputed information gaps and simplified bureaucratic requirements to obtain funding.

Thirdly, the Authority intervened to avoid that, following the various lockdowns , there was a squeeze on consumer rights by operators in the tourism, leisure and transport sectors.

In this context, the following should be included:

– cases against bus, air and rail transport service operators regarding the conduct of travel cancellation, limitation of services and / or price increases due to the health emergency from Covid-19;

– measures to ascertain unfair commercial practices, consisting in the interposition of obstacles to the exercise of the right to reimbursement of consumers, who had purchased tourist packages that were subsequently canceled;

– cases relating to unfair clauses included in the general conditions of the contracts for the purchase of season tickets and tickets for football matches, which disavowed the right of consumers to obtain refunds in the event of closure of the stadium or in the event of postponement of the event.

The initiatives undertaken by the Authority to protect consumers during the pandemic have received the express appreciation of the European Commission [11] , which has invited the other Authorities to follow the Italian model.

Alongside the new challenges faced by the Authority, the more canonical activity of consumer protection continued, according to now consolidated intervention lines.

Among the most significant cases, the measures with which the Authority has ascertained the aggressiveness of the conducts put in place by some operators of the water service and of the electricity and gas services must be included.

The issues that emerged concerned the incorrect disclosure and invoicing of electricity and gas charges, the failure to recognize the prescription of the terms for payment of bills, the charge of past arrears and the illegal methods of managing hidden losses.

The interventions aimed at contrasting the supply of services not requested by the consumer in the telecommunications sector, as well as those concerning the conduct inherent in the collection and use of user data, are placed in the same perspective of eliminating the conditioning in consumer choices. profiling and commercial purposes.

In the awareness that personal data can assume an economic value suitable for configuring the existence of a consumption relationship, the need for consumers to be able to make free and informed choices about the data they generate is indisputable.

The Authority also continued to carry out the more traditional interventions in the sector of products and services dedicated to personal care and well-being, ascertaining the incorrectness of numerous commercial practices. Systematic was the repression of illicit buy and share phenomena, based on the creation of buying groups for the sale of goods at advantageous prices, pyramid sales systems, incorrect marketing of shopping cards .

More recently, proceedings against a leading insurance company specializing in health insurance and its service provider, initiated on the basis of over 2,000 complaints, were closed [12] .

The Authority ascertained that the two companies involved had made it costly and difficult for consumers, with particular reference to those affected by serious illnesses, to use the health services provided for in the contract, imposing a total penalty of 6 million euros.

*****

The activity carried out by the Authority, of which I have recalled the main interventions, would not have been possible without the professionalism and dedication of the women and men who work in the Antitrust. My gratitude goes to them, just as I must thank the members of the College, the Secretary General and the Head of Cabinet for the important work they have done and continue to do.

A heartfelt thanks also goes to the magistrates of the Lazio TAR and the Council of State, the State Attorney General, the other sister authorities, the Guardia di Finanza and other law enforcement agencies, the Public Prosecutors' offices, consumer associations, to DG Competition and DG Justice of the European Commission.

Finally, I would like to thank the Presidents of the two Chambers of the Italian Parliament for the attention with which they follow our activity and, above all, the President of the Republic, fundamental point of reference for national unity.

Lastly, I reserve a moving memory.

In 2021, Antonio Catricalà and Giuseppe Tesauro left us: two Presidents who, with their authoritative leadership, were able to strengthen the Authority's action and prestige and better serve the country in the high institutional positions held.

Our heartfelt gratitude goes to them.

[1] See the tax avoidance database created by G. Zucman, L. Wier, T. Toslov, updated in August 2021 and available at www.missingprofits.world.

[2] See European Competition Network, Joint paper of the heads of the national competition authorities for the European Union , 22 June 2021, pp. 6-7.

[3] ANAC, “ Corruption in Italy (2016-2019). Numbers, places and counterparts of the underworld ", 17 October 2019.

[4] AGCM, AS1730 Competition reform proposals for the purposes of the annual law for the market and competition , March 19, 2021, in Bull . n. 13/21.

[5] National Recovery and Resilience Plan, p. 65-66, available at www.governo.it, as well as the draft law containing “ Government delegation on public contracts ”, art. 1, co. 2, lett. a) under discussion in the Senate (AS 2330).

[6] For example, the provisions on the protection of health and safety in the workplace pursuant to Legislative Decree no. 81/2008, which were issued in implementation of Euro-unitary provisions.

[7] Provv. A514, Telecom Italia fiber ducts, 25 February 2020.

[8] Provv. A531, Primary packaging recycling / Illegal conduct COREPLA , 27 October 2020.

[9] The European Commission also launched a formal investigation last June in order to verify whether Google has violated European competition rules, favoring its online advertising services in the so-called " ad tech " supply chain, to the detriment of competing ad technology service providers, advertisers and online publishers.

[10] Provv. A539, Poste Italiane / Contracts for the provision of delivery services , 20 July 2021.

[11] See the letter sent to the President of the AGCM by the Director General of the DG for Justice and Consumers of the European Commission, S. Saastamoinen.

[12] Provv. PS11828, RBM Health Insurance Previmedical / Various conducts , 13 July 2021.

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This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/primo-piano/perche-sfruculiamo-apple-benetton-google-mc-donalds-e-non-solo-parola-rustichelli-antitrust/ on Wed, 29 Sep 2021 09:54:30 +0000.