The Antitrust Authority, Guarantor of Competition and the Market, concluded three proceedings against Unieuro and the subsidiary Monclick, Leroy Merlin Italia and Mediamarket (Mediaworld), sanctioning the 4 companies for a total of 10.9 million euro: Unieuro for 4 million, Mediamarket for 3.6 million, Leroy Merlin for 3 million and Monclick for 300 thousand euro.
The investigations, reads a note from the Antitrust Authority, have made it possible to ascertain that the four companies, in the context of e-commerce activities, have put in place – especially in the period of health emergency for Covid 19 – some incorrect conduct . Two incorrect practices identified:the first activated at the time of the offer of products on the website, the other to the malfunctions recorded after the online purchase.
– Criticism in the first practice: dissemination of inaccurate and misleading information on the actual availability of the products sold online and on the relative prices ; dissemination of inaccurate and misleading information regarding delivery times ; with reference to the purchase process, debit of payment or blocking of the ceiling before the conclusion of the contract; unilateral cancellation of orders from numerous consumers.
– Second practice criticism : delayed or non-delivery of products purchased and regularly paid for by consumers;misleading information on the status of shipments ; delays and obstacles in relation to the exercise of consumer reimbursement rights; omitted or inadequate after-sales assistance with respect to the numerous requests from consumers: in particular, during the pandemic period, many customer care activities were suspended; delays and obstacles to the exercise of consumers’ right of withdrawal and reimbursement. According to the Authority, these are behaviors that can be qualified as deceptive and aggressive because they are likely to deceive consumers and unduly influence them in the purchase or 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. in the purchase in the execution of the contractual relationship.
These rights take on particular relevance due to the state of emergency due to the spread of Covid-19, a period in which containment measures were adopted which resulted in significant restrictions on the freedom of movement of people and on retail commercial activities, prompting many consumers to turn to 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. Leroy Merlin appeals against the Antitrust sanction: “The Authority does not take into account the effects of the pandemic on commercial activities”
“We take note of the sanction of the Competition and Market Authority, specifying that the conduct disputed to Leroy Merlin Italia refers above all to the period of health emergency for Covid19, in which all of Italy, and beyond, faced the pandemic with known effects on citizens’ daily lives and commercial activities “. Thus Leroy Merlin in a note in which he stresses that he believes that “he has not adopted any deceptive, incorrect or aggressive conduct through the e-commerce channel and that what is sanctioned by the Authority does not take into due consideration the effects of the pandemic and the attitude taken by Leroy Merlin towards its customers.
