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07 January 2020Inter Milan, Rome, Lazio, Juventus, Cagliari, Genoa, Udinese, Atalanta are the 9 Serie A companies targeted by the Competition and Market Guarantor Authority which has initiated 9 investigative proceedings for "vexatious clauses in the contracts of purchase of season tickets and match tickets ". In particular, these are clauses that would not recognize the right to obtain a refund of all or part of the season ticket or of the single ticket, in the event of closure of the stadium, postponement of the match and to obtain compensation for the fact of the company.

Bologna and Parma are excluded from the provision
"The Guarantor Authority for Competition and the Market - reads a note released by the Antitrust Authority - has initiated nine investigative proceedings regarding vexatious clauses against the Serie A football clubs: Atalanta Bergamasca Calcio, Cagliari Calcio, Genoa Cricket and Football Club, FC Internazionale Milano, SS Lazio, AC Milan, Juventus Football Club, AS Roma and Udinese Calcio ". "As for the companies Bologna Football Club 1909 and Parma Calcio 1913, recipients of the same invitation as the former, having found that they have actually changed their general terms and conditions, with the removal of the possible vexatiousness profiles found therein in the respective moral suasion letters vice versa, the Authority has filed the proceedings, pursuant to art. 5, paragraph 1, letter d), of the Regulation ".

Imbalance for consumers
"At the point - continues the Antitrust Authority - it should be specified that the purpose of the initiation proceedings is to assess the possible harassment of some clauses contained in the general contract conditions relating to the purchase of the annual season ticket and the ticket for the individual game. , in particular, of those clauses that would not recognize the right of consumers: to obtain a refund of part of the season ticket or individual access ticket in case of closure of the Stadium or part of it; to obtain a refund of the title of access for the single tender in case of postponement of the event, both for facts attributable to the company, and when this circumstance leaves the responsibility of the latter; to obtain compensation for the damage if these events are directly attributable to the company ". "Such clauses - explains the Antitrust Authority - could be vexatious since, by excluding or limiting the liability of the football clubs, they would seem likely to introduce a significant imbalance for consumers in contractual services".

The companies had had time to sort things out
"The activity in progress - concludes the note - follows the failure to accept the invitation addressed by the Authority to the aforementioned companies on May 8, 2019, through a communication made pursuant to art. 23, paragraph 4, of the Regulation on investigative procedures (moral suasion), with which it was requested to take initiatives aimed at removing the evidence just mentioned ".

Consumers: "Ready to class action"
Codacons is ready to promote a class action on behalf of thousands of Italian fans against the football clubs that have ended up in the sights of the Antitrust Authority. "We are pleased to learn that the authority has finally decided to see us clearly on the clauses included in the contracts for season tickets and match tickets that often hide conditions to the disadvantage of users - says the president Carlo Rienzi -. If the offenses contested by the Antitrust and therefore the denied right to the reimbursement of the matches, we would face millions of euros in damage to the fans, considering the gigantic business generated by football in Italy ". "A situation which, if ascertained, would open the doors to a class action - concludes Codacons - against sports clubs that will be held responsible for offenses to the detriment of users, class action to which thousands of Italian fans can join".