Unfair commercial practices (dip pricing): penalties and role of the Authority in Australia and in Italy

The two judgements above concern the infringement of the regulation on commercial practices in two similar situations: in both cases the cost ofthe ticket advertised by the transport company did not comprehend an extra amount which was charged at the moment of the actual purchase of the ticket. More precisely, the Australian decision applies a sanction for this infringement and comes after another decision of the same court which ascertained responsibility; there are two parties before the court: the Australian Competition and Consumer Commission (ACCC) and the air company Virgin; the penalty is applied by the court with reference to the amount agreed on between the parties (joint penalty submission), after an evaluation by the court of the adequateness of that amount. The Italian decision is rendered by the Italian Competition Authority (AGCM), which, in a procedure initiated by the Authority itself against the maritime company Moby, establishes liability, prohibits the dissemination and the continuation of the practice and condemns the company to pay an administrative penalty

Anna Maria Mancaleoni, Pratiche commerciali scorrette (dip pricing): sanzioni e ruolo dell’Authority in Australia e in Italia in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 19/2017, pp 97-161, DOI: 10.3280/DT2017-019005