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Case detail

B a c k

Directive article Article 7 1.
National ID PS6401
Country Italy Decision date 22/09/2011
Common name "CRYLOGIT REGENER-CONSERVAZIONE CORDONE OMBELICALE" Decision type Administrative decision, first degree
Court Autorità Garante della Concorrenza e del Mercato (Rome) Plaintiff(s)
Court translation Italian Competition Authority Defendant(s) Sorgente S.r.l.
Subject misleading omissions
Keywords misleading actionsmisleading advertisingmisleading commercial practices

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Headnote

Constitutes an unfair commercial practice, omitting to provide full information on the use of fast developing biotechnologies.

Facts

On 30 September 2010, the Italian Competition Authority decided to start an investigation in order to verify whether the advertisements activities of the defendant, a company specialized in biotechnologies, in relation to the potential use of umbilical cord preservation constitute unfair commercial practice.
During the investigations, it was established that no accurate information was provided in defendant's advertisements as regards (i) the guaranteed shelf life for blood sample preservation, which covers 15-16 years as compared to the 20-25 years announced, (ii) the genetic compatibility of family members and (iii) the obstacles to bringing samples to Italy for use in Italy.
 

Legal issue

Does it constitute an unfair commercial practice to omit full information on the use of fast developing biotechnologies?

Decision

In a short reasoning, it was held by the Authority that the overall impression of the information and messages circulated by the defendant was not sufficiently clear and did not provide consumers with complete information on the actual therapeutic applications of hematopoietic stem cells from umbilical cords.

  URL Decision Decision full text
EN N/A
IT http://www.agcm.it/consumatore/consumatore-delibere/open/C12560D000291394/91617D1A11F6B086C1257935004B37A8.html

Result

As the defendant had, during the proceedings, made already several commitments to adjust these commercial practices, no sanctions were imposed.

Additional information

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