COMPETITION AND TOURIST PROTECTION 279 again, the Consumer Code helps settling the question57 as it demands compliance with the principle of good faith and, in doing so, ensures the completeness of the information provided. That way, consumers can make a fully informed decision without being misled by surcharges and will be able to compare offers from other operators before making a decision. The same argumentative process led the Competition Authority to take completely opposite measures in a different case58. A shipping company provided services between seven major ports of the Gulf of Naples. The company was entrusted with all connections to the islands, with administrative restrictions on routes and number of trips per day. The company had signed a service contract with the Campania Region, an agreement under which the tariff used consisted of “administered” tariffs, imposed by the Regional Council and inclusive of all the items (harbour taxes and other taxes and duties). To cover any costs, exceeding the revenues, the company was paid a special consideration by the region every year. Since 2014, the company has offered an online ticket sales service and applies a surcharge for this service. The amount was set “based on an estimate of the costs that the company would have incurred for this additional service, including both the costs incurred for the necessary IT structure and the current operating costs”59. The Authority claimed that Art. 62 of the Consumer Code was violated. This Article60 states that “a professional cannot charge the consumers, in relation to the use of certain payment instruments, expenses for the use of said instruments”61. The law aims to prevent the choice on the payment means from becoming burdensome in an unjustified manner, forcing customers to bear higher costs incurred by the company. The Competition Authority shared the approach of the shipping company and considered that the surcharge was commensurate with the estimated expenses, underlying the action taken by the additional online service. On the contrary, the bank charges deriving from the operations carried out via computer 57 See Camardi, La protezione dei consumatori tra diritto civile e regolazione del mercato. A proposito dei recenti interventi sul codice del consumo, loc. cit., 305 and following; Battelli, L’intervento dell’Autorità antitrust contro le clausole vessatorie e le prospettive di un sistema integrato di protezione dei consumatori, ibid., loc. cit.,207 and following. 58 See the action taken by the Italian Competition Authority on 4 May 2017, no. 26604, in Boll., no. 20 of May 29, 2017. See also the provision of the Italian Competition Authority of 4 May 2017, no. 26606, ibid., no. 20 of 29 May 2017. 59 See the action taken by the Italian Competition Authority on 4 May 2017, no. 26604, cit. 60 See Granelli, Diritti dei consumatori e tutele nella recente novella del Codice del consumo, in Contr., 2015, and following. 61 See the action taken by the Italian Competition Authority on 4 May 2017, no. 26604, cit.
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