Iliad would therefore have "omitted" or formulated in a "misleading" way some "essential information on mobile phone offers" reports the press release of the Guarantor. Specifically, the company would have advertised a new service compatible with 5G technology, without however explaining to users what the indispensable conditions were to be able to use it.
To be able to use Iliad's offer, specifies the Antitrust, it is necessary to be "under the geographic coverage of the operator's 5G network" and "have a device enabled for this specific network". The company's promotional communications were therefore "unsuitable" to make the consumer understand the conditions necessary to use the technology offered, thus making users pay for a service they would not have been able to access.
In addition, the company was also fined for having disseminated a communication capable of "misleading the consumer", to sponsor its Flash 100 5G offer. The text reported "100 gigabytes, unlimited minutes and text messages in Italy and Europe". According to the Antitrust Authority, reading such a message it is normal to think that the 100 gigabytes included in the offer can be used both in Italy and in the rest of European countries. In reality, if you connect outside of Italy, the data traffic included in the offer is only 6 gigabytes, while the 100 are usable only within national borders.
On the basis of these considerations, the Guarantor therefore ascertained a violation of articles 21 and 22 of the Consumer Code by Iliad Italia, which triggered the 1.2 million euro fine. Following the fine, the company responded by defining the decision of the Guarantor as "unjustified, considering the spirit of collaboration always shown and the numerous solutions proposed by Iliad in the phase of confrontation with Agcm, as well as profoundly unjust, especially taking into account the fact that Iliad constantly acts with great attention to users and communicates this information in a much more transparent way than its competitors do ". According to Wired, Iliad had proposed some solutions and interventions to the Antitrust in response to the disputes and immediately implemented some, however this did not prevent the operator from being fined.