Scope of activities

On 21 September 2007, Legislative Decrees no. 145/2007 and 146/2007 entered into force, transposing Community Directives 2006/114/EC and 2005/29/EC into the Italian law. These decrees modify the rules on misleading and unlawful comparative advertising (by modifying the Legislative Decree no. 206/2005 - Consumer Code) and introduce a new set of rules on improper or unfair commercial practices, entrusting its implementation to the Antitrust Authority.

The new provisions on misleading and unlawful comparative advertising were dedicated to the exclusive protection of businesses, whereas the law on unfair commercial practices between businesses and consumers was dedicated to the protection of consumers, which are defined as "any natural person who […] is acting for purposes which are outside their trade, business, craft or profession" (Section 18(a) of the Consumer Code).

The Authority has also been designated competent body to apply Community Regulation 2006/2004/EC on cooperation by the national authorities responsible for the enforcement of consumer protection laws. In order to ensure the appropriate application of consumer protection laws in cases of intra-Community violations, in fact, an ad hoc network of public oversight authorities was established with common investigation and enforcement powers for the entire Community territory[1]. This provides national Authorities with a form of reciprocal support in terms of information requests and the adoption of implementation measures. The Antitrust Authority is likewise bound to provide assistance, when requested, through the application of its powers[2].

 


[1] When reasonable grounds are found to suspect violations of the national transposition laws of (EC) Directive 2005/29, understood as any actions or omissions that violate the laws contained in the directives and regulations listed in attachment 1 of Regulation 2006/2004/EC, the Antitrust Authority may request the cooperation of foreign authorities in the oversight "network."

[2] Article 4, paragraph 6 of the Regulation.