the «periodic purchase» option limits the freedom of choice

Amazon fined 10 million euros by the Antitrust for unfair commercial practices. Specifically, the sanction targets two companies in the Amazon group, the Luxembourg companies Amazon Services Europe and Amazon EU. This was made known by the Antitrust Authority itself which, thanks to the investigation, ascertained that Amazon implements an unfair commercial practice consisting in the pre-selection of periodic purchases for a wide selection of products offered on its website.

The crux of the dispute: the «periodic purchase» option

The crux of the dispute is above all in the “Subscribe and Save” service, which allows customers to choose to receive products for daily use as often as they prefer, without the need to repeat the order each time and obtaining an additional discount compared to the price single purchase. According to the Antitrust, on the online page, where the characteristics of the selected item are described, the “periodic purchase” option is pre-set instead of “single purchase”, both for products sold by Amazon and for products sold by third parties on the marketplace . In this way, explains the Authority, consumers’ freedom of choice is considerably limited. The graphic pre-tick of the recurring purchase, in fact, induces you to periodically buy a product – even without actual need – thus limiting your choice.

The fee of professional diligence

Furthermore, the conduct implemented by the group was deemed to be in conflict with the canon of professional diligence because an operator of Amazon’s importance would be required to build online interfaces relating to purchasing processes in order to allow consumers to make commercial choices. free and aware.

Amazon is committed to pre-selecting free delivery

At the start of the investigation, the note concludes, the pre-selection of paid fast delivery, provided only for customers who are not registered with Prime, was also contested. With respect to this conduct, the Authority accepted the commitments proposed by Amazon which in the future will only predefine the free delivery option. Furthermore, the two companies will provide compensation to consumers who turned to Customer Service to complain about this conduct during 2023.

Amazon announces appeal

For its part, Amazon responds by announcing an appeal: «We strongly disagree with the decision of the Competition and Market Authority (AGCM)», the group writes in a note, «we intend to appeal». Then he adds: «Every day customers benefit from the “Subscribe and Save” program by saving money and time on periodic deliveries of products they use regularly. Since its launch in Italy, Amazon.it customers have saved over 40 million euros thanks to orders placed with Subscribe and Save. Our priority has always been to gain and maintain customer trust and we will continue to work to offer them a great shopping experience through low prices, wide selection and fast deliveries.” Amazon is also keen to underline the recent study conducted by The European House – Ambrosetti, on the main brands both physical and online, where Amazon ranks first with greater benefits perceived by Italians in terms of contribution to purchasing power, convenience, breadth of the selection.

 
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