Friday, December 23, 2016

Facebook-Whatsapp, the Antitrust of Italy and the Eu: “the Clauses in the trap” – Intelligonews

Antitrust, european and Italian with the wind on the neck of Whatsapp. The Competition Authority and the Italian Market, driven by John Pittruzzella has already started since last October, the two procedures instructors vis-à-vis the company’s messaging for alleged violations of the Code of Consumption. The first wants to ascertain if the american society has forced users of WhatsApp Messenger to fully accept the new contractual Terms, in particular the sharing of personal data with the Facebook, making them believe, with a message visible when you open the application, which would have been otherwise unable to continue in the use of the application itself.

The other proceedings in relation to the alleged unfair nature of certain clauses included in the terms of use of WhatsApp Messenger concerning, in particular, the right of unilateral changes of the contract by the company, the right of withdrawal is determined solely for the Professional, the exclusions and limitations of liability in its favor, the unjustified interruptions of the service, the choice of jurisdiction on disputes which, today, is established exclusively in american Courts.

Margrethe Vestager, EU Commissioner of competition,, in these days the contests to Facebook the information provided during the phase of acquisition of WhatsApp regarding the usability or otherwise of these to be part of the same Social Network. This procedure, in the form of a "letter of objection", denies the information acquired by the Antitrust authority in 2014 regarding the acquisition by as many as 19 billion by Facebook, qualificandole as inaccurate and/or misleading: "information incorrect or misleading", thus mentions the communication of the Authority. The Antitrust authority argues that "Facebook, intentionally or with negligence, has provided information in written or misleading to the Commission, in violation of its obligations under the EU regulation on mergers", and now "The companies are obliged to provide the Commission with accurate information during investigations of mergers, and they must take this obligation seriously,". Faceboo k has time to properly respond until 31 January next year, but if the content of this answer does not satisfy the Antitrust authorities, the risk of a penalty that can reach up to 1% of the annual turnover will become in a certain and salatissima fine.

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