- Sale of pre-installed services on SIM cards without the provision of information is inertia selling (Autorita Garante della Concorrenze e del Mercato v Wind Tre SpA; AGCM v Vodafone Italia SpA & Ors)
- What are the practical implications?
- What was the background?
- What did the court decide?
- Inertia selling
- Conflict of law
- Judgment details
TMT analysis: The Court of Justice has held that the practice of marketing mobile phone SIM cards pre-installed with internet and voicemail services constitutes the unfair commercial practice of inertia selling in circumstances where consumers are not provided adequate information about the services (particularly the cost) at the point of sale. In addition, the court ruled that there is no conflict between the provisions of Directive 2005/29/EC (the Unfair Commercial Practices Directive) and other EU rules such as those contained in Directive 2002/22/EC (the Universal Services Directive) meaning that the provisions of both were applicable.
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