Italian Competition Authority Fines Bernabei Companies for Unfair Commercial Practice

The Italian Competition Authority (AGCM) has imposed a €400,000 fine on Bernabei s.r.l. and Bernabei Liquori s.r.l. for engaging in unfair commercial practices. The enforcement action stems from misleading claims and the omission of crucial information concerning price reductions on alcoholic and non-alcoholic beverages sold via the www.bernabei.it website and the Bernabei app. Specifically, the Authority found that advertised 'special offers' did not reflect genuine discounts, as the prices often matched or exceeded the lowest price in the preceding 30 days. Furthermore, the 'full' or 'list' prices displayed as crossed out were found to be misleading as they were rarely, if ever, applied outside promotional periods.

This decision highlights the importance of accurate pricing and discount representations in e-commerce. Regulated entities, particularly retailers operating online platforms, must ensure that all advertised price reductions are genuine and that comparative pricing is based on actual historical prices. Failure to comply with consumer protection laws regarding pricing accuracy can result in significant financial penalties. While no specific compliance deadline is mentioned for this enforcement action, companies should review their online advertising and pricing strategies to ensure adherence to consumer protection legislation to avoid similar sanctions.