CONSUMER LAW | AGCM adopted new regulation on investigative procedures on consumer protection and misleading and comparative advertising

With Resolution No. 31356/2024, issued on 5 November 2024, and effective as of 19 November 2024, the Italian Competition Authority (“AGCM” or the “ICA”) adopted a new Regulation on investigative procedures on consumer protection and misleading and comparative advertising (the “Regulation”), replacing the previous regulation on investigative procedures of 1 April 2015 No. 25411. The Regulation introduced changes to the procedural timeframes extending the timeline to conclude investigations from 120 days to 180 days, or 240 days for foreign companies, from the date of the notice of initiation, unless extended by the ICA. Notices of initiation of the proceedings must now provide traders with detailed information about the proceedings, including the specific allegations, procedural timeframes, the office and person in charge of the proceedings, the office where the records may be accessed, the possibility to submit written pleadings or documents and to be heard by the office. Finally, the deadline for filing the final statement of defense in response to the statement of objections has been extended from 10 to 20 days.

Newsletter n. 102 – December 2024