Microenterprises Are Like Consumers: The First Ruling By The Italian Antitrust Authority

On 23 September last, for the first time, the Italian Antitrust Authority (hereinafter the "AGCM") found undertakings guilty for unfair commercial practices and misleading advertising vis-à-vis microenterprises. The decision was published on 21 October 2013.

Since the legislative reform of 2012, it is the first ruling of the AGCM in favour of microenterprises. Indeed, on 20 January 2012 the Italian government approved Law Decree 1/2012 (converted by Law 24 March 2012, no. 27) that extends to microenterprises the protection against unfair commercial practices which, until then, was for "consumers" only. These are defined as "any natural person who is acting for purposes which are outside his trade, business, craft or profession".