Press Release: Judgment in Joined Cases C-54/17 Autorità Garante della Concorrenza e del Mercato (‘AGCM’) v Wind Tre SpA and C-55/17, AGCM v Vodafone Italia Spa

The sale of SIM cards on which services that can incur fees have been pre-loaded and pre-activated constitutes an aggressive unfair commercial practice when the consumers are not informed of that fact in advance.

Such conduct constitutes, in particular, ‘inertia selling’, which may be penalised by a national authority other than the authority provided for by EU law on electronic communications.