Recently a piece of news with some significance has been released to the media due to the possible repercussion it may have in the future.
An Italian body, called "Autorità Garante della Concorrenza e del Mercato" hereinafter (AGCM) imposed on Samsung a fine of one million euros for carrying out acts of unfair competition for the provision of misleading information about the essential characteristics of its products.
According to said body, the well-known company has not respected a European Directive, 2005/29 / CE, which is blunt by establishing in its article 6.1 b) that the essential characteristics of the products offered must be reported truthfully, and without mislead the recipient.
The significance of the matter lies in the fact that the fact that motivates the sanction is information provided by Samsung through its online store. Specifically, it was announced that one of the essential characteristics of mobile devices, ROM memory, was “substantially lower”To what was actually available to consumers.
The AGCM understood that the information on the ROM memory is an essential characteristic of the products given the important role it plays in the purchase decision of the consumers.
The AGCM finally described Samsung's conduct, in accordance with the Italian Consumer Code and European regulations, as “contrary to the duty of professional diligence, through the dissemination of misleading information and the omission of relevant information, which alters in a way substantial economic value of the average consumer ”.
It is news from which we can draw an unequivocal conclusion: the effective link that any company has with respect to the products offered through its online store. This is an obligation that seems obvious but that is not always fulfilled and whose failure is not easy to prove. Normally, the manufacturer of the products usually imputes these divergences between what is offered and what is actually served to simple errors that, in most cases, are solved with a simple return of the product that did not meet the expectations (reasonable, on the other hand) of the consumer. However, the Italian body in question has considered that it was a general practice and has imposed the corresponding sanction.