Offers to buy with loans and leases: Italian Antitrust Authority closes proceedings against 14 automotive brands
In a press release of August 2, 2022, the Italian Antitrust Authority (in Italian, “Autorità Garante della Concorrenza e del Mercato”, “AGCM”), accepting the proposed remedies, closed 14 proceedings against a number of major automotive players operating in Italy, launched because purchase offers with financing and leasing were omissive and misleading.
In particular, the AGCM had found that the players emphasized the small amount of the monthly payment or a price not including finance charges and expenses and placed essential information on the cost of financing and leasing in sections not easy to read.
Unfair business practices: the Italian Antitrust Authority fines two Italian insurance companies
In a press release of August 9, 2022, the AGCM announced that it has sanctioned two well-known Italian insurance companies for adopting an unfair commercial practice during the settlement of of civil damages caused by vehicles, carried out by implementing dilatory and obstructive behavior in relation to the exercise of the injured party’s right to access the claim file.
Italian Communications Guarantee Authority fines YouTube for violating rules prohibiting gambling advertising
In a press release of August 2, 2022, the the Italian Communications Guarantee Authority (in Italian, “Autorità per le Garanzie nelle Comunicazioni”, “AGCOM”) announced it has imposed two separate fines – for a total of 1 million and 450 euros – against Google Ireland Limited (YouTube’s parent company) and TOP ADS LTD, for violating the ban on gambling advertising enshrined in Article 9 of Law Decree No. 87/218.
The action against YouTube is the first taken by the AGCM against a video sharing platform for permitting the dissemination of prohibited advertising related to gambling.
The Italian Constitutional Court rules on sanctions under the Italian Copyright Law
In its ruling No. 149/2022, the Italian Constitutional Court ruled that the administrative and criminal sanctions provided by Law No. 633/1941 (the Italian Copyright Law) is unconstitutional as it violates the principle of ne bis in idem, particularly in the hypothesis in which the infringer has already been definitively judged for one of the crimes referred to in Article 171-ter of the Law and is subsequently subject to administrative proceedings under Article 174-bis.
Patents: the Italian Supreme Court rules on the determination of loss of profit damages
In Judgment No. 20236/2022, the Italian Supreme Court ruled that, for determining lost profit damages in patent matters and for disputes subject to the rules prior to the Industrial Property Code, the determination of the lost profits of the owner of the injured right requires a fairness-based assessment (pursuant to Articles 1226 and 2056 of the Civil Code) and the judge may invoke the reasonable royalty principle.
The Italian Supreme Court rules on proof of a trademark’s distinctiveness
With the judgment no. 5491/2022, the Italian Supreme Court ruled on how to assess the distinctiveness of a trademark represented by a colored rectangular strip.
In particular, the Supreme Court held that the trademark’s distinctiveness and the public’s perception of it do not necessarily have to be proved through demoscopic surveys, under the principle of freedom of the judge to form his opinion on the basis of any possible means of evidence.