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Apple files appeal against Italy's anti-trust regulatory body

Posted: , by Alan F.

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Apple files appeal against Italy's anti-trust regulatory body
This ad explains Apple's free two-year warranty

This ad explains Apple's free two-year warranty

Earlier Tuesday, we told you how Apple was being accused of not living up to EU regulations which requires a retailer to offer its customers a two-year warranty on its products, at no extra charge. Italy's competition agency, let's call them AGCM for short, says that despite ads for the Apple iPhone that show that buyers are entitled to a free two-year coverage against defects on initial delivery, as well as an additional one-year out-of-box warranty, the AGCM believes the information given is insufficient. An AGCM bulletin says that the wording on the ad merely encourages iPhone purchasers to buy optional AppleCare warranty coverage without telling them that a free two-year warranty comes with their purchase.

With the AGCM ruling that Apple had failed to live up to its regulations, Apple has announced that it would appeal the decision. Apple has been given 30 days to meet the regulations. If it fails to do so, the Cupertino based firm will have to close its Italian Apple Stores for 30 days and pay a fine of 300,000 EUR or $378,000 USD.. After receiving the warning from the AGCM on Monday about its lack of cooperation, Apple said that it had been following the regulations and that the agency had given Apple a warning based on incorrect interpretation of the law.
"We have appealed the recent decision of the (Italian) court as it was, in our view, based upon an incorrect interpretation of the law. We have introduced a number of measures to address the Italian competition authority concerns and we disagree with their latest complaint."-Apple
source: AppleInsider

39 Comments
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posted on 03 Jul 2012, 20:00 17

1. PhoneArenaUser (Posts: 4599; Member since: 05 Aug 2011)


I hope that this appeal will be rejected.

posted on 03 Jul 2012, 20:07 8

2. marchels14 (unregistered)


o my god, Apple is suing somebody again,acting like little baby, stole a toy and called them names. maybe you should start crying like little girl.that is so predictable.

posted on 03 Jul 2012, 20:35 3

6. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Your trolling is predictable

posted on 03 Jul 2012, 20:30 3

3. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


I'm confused I'm reading this that Apple is advertising that you get a free two year warranty. Then it says they're also trying to sell AppleCare. It seems they're doing what they're supposed to if their customers know there's a free option.

Am I misreading the article?

posted on 03 Jul 2012, 20:44 4

9. sprockkets (Posts: 938; Member since: 16 Jan 2012)


look at the picture, year 2 is covered by their protection plan. Why not just say it is covered without it?

posted on 03 Jul 2012, 20:30 3

4. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


Hahaha another fine to pay....

posted on 04 Jul 2012, 00:01 1

30. zhypher_23 (Posts: 195; Member since: 04 Jun 2012)


Hey, you know what they say "reap what you sow"

posted on 03 Jul 2012, 20:39 16

7. networkdood (Posts: 5512; Member since: 31 Mar 2010)


TACO, as usual you are so pro APPLE, that it blinds you from the truth.

In Italian "una garanzia limitata di un anno efino a 90 giorni di assistenza telefonica gratuita", means in ENGLISH:
a limited warranty of one year up to 90 days of free telephone support.

That says it all on why APPLE is being fined.

posted on 03 Jul 2012, 20:40 8

8. Kan_wha (Posts: 88; Member since: 25 Jun 2012)


Apple: We will sell you premium warranty and care for 2 years*

*Note that default warranty also covers the device for 2 years, so there is really no point in buying the extra bit, but we'll just put the * here and hope that nobody notices this as we're printing this in size 4 font.

posted on 03 Jul 2012, 20:46 6

11. networkdood (Posts: 5512; Member since: 31 Mar 2010)


exactly, very misleading...shhhh, do not tell taco the truth, though....it may cry.

posted on 03 Jul 2012, 20:45 5

10. networkdood (Posts: 5512; Member since: 31 Mar 2010)


Now, it goes on to say that the APPLE CARE warranty plan covers the phone for 2 years, but, APPLE should have just made it plain and simple, in ITALIAN:

"..una garanzia limitata di due anni fino a 90 giorni di assistenza telefonica gratuita."

Due meaning two in Italian. See how the graphic mentions 90 days of free telephone support? That implies that somehow it is not for the full years.

So, unlike American APPLE users who get ripped off with paying a fee for 2 yr support, or keeping the limited, very limited 1 yr warranty, Italians are supposed to get 2 full years of support - so, no 90 day, 1 yr, 2 yr warranty graphic as that does look misleading.
APPLE just needs to say something like:

'una garanzia limitata di due anni fino di assistenza telefonica gratuita'

posted on 03 Jul 2012, 21:13 1

14. InspectorGadget80 (Posts: 5637; Member since: 26 Mar 2011)


Italy needs to kick Apple out of its country then know what it's like to loose something. that is not America Apple you mislead the Italians. Just because you have billion of dollars money doesn't buy YOU a way out

posted on 03 Jul 2012, 21:23 1

15. networkdood (Posts: 5512; Member since: 31 Mar 2010)


And, it is sad that American users get only 90 day over the phone support, while all other manufacturers (or majority of) give us 1 full year support.

posted on 04 Jul 2012, 01:41 1

36. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Blackberry also charges for support. Microsoft also charges. Android doesn't even offer phone support.

posted on 04 Jul 2012, 06:33

38. PhoneArenaUser (Posts: 4599; Member since: 05 Aug 2011)


After comment #7 and #8, taco turned into defense mode...

posted on 03 Jul 2012, 21:24 1

16. Hammerfest (Posts: 348; Member since: 12 May 2012)


Wait... I could just be interpereting this incorrectly... but...

"Apple said that it had been following the regulations and that the agency had given Apple a warning based on incorrect interpretation of the law."

Is Apple TELLING Italy that its misinterpereting ITS OWN LAW?

TBQH: I had to do a "double take" on this entire sentance because thats all I can come up with after reading it...

posted on 03 Jul 2012, 21:35

21. networkdood (Posts: 5512; Member since: 31 Mar 2010)


Hey, is your user name in regards to playing Halo?

posted on 03 Jul 2012, 21:24 1

17. networkdood (Posts: 5512; Member since: 31 Mar 2010)


There, the facts have been written, and the trolls shall leave the land blinded by their hatred....

posted on 03 Jul 2012, 21:25 2

18. gallitoking (Posts: 4630; Member since: 17 May 2011)


Poor Italy ... they have woken the giant.. now they will appeal and win but an apology as minimum... first the Euro Cup ...now this..

posted on 03 Jul 2012, 21:31 2

19. networkdood (Posts: 5512; Member since: 31 Mar 2010)


So, you are ok with APPLE misleading the Italian people?
Do you know how to read Italian? I do, and that ad is misleading.

posted on 03 Jul 2012, 23:29 1

27. gallitoking (Posts: 4630; Member since: 17 May 2011)


here in the States they do it all the time.. everything is made from "premium" materials..why are they any special... read the fine print Italians..

posted on 03 Jul 2012, 23:58 1

28. VZWuser76 (Posts: 986; Member since: 04 Mar 2010)


Wow. Are you seriously insinuating that Italy needs to be afraid of Apple? You're actually believing that a country needs to be afraid of a company? Think about that for a second.

Okay, so what is Apple going to do to Italy, place a ban on Italians coming to the US, and deporting the ones that are here? Come on, seriously, Italy is a sovereign nation. It's their sandbox, and if they don't want you operating there, you won't. Especially if their law say that your business practices are unlawful and are to the detriment of their citizens.

I can handle the fanboy back and forth to an extent, but to say that a company is more powerful than a sovereign nation? Just, really, think before you post.

posted on 04 Jul 2012, 00:19 1

31. gallitoking (Posts: 4630; Member since: 17 May 2011)


1st of all is not Italy the country doing this.. ok.. it goes to whomever is trying to be funny... because we all know this exist everywhere.. misleading consumers,... is normal so dont see the big deal..

posted on 04 Jul 2012, 00:50 1

32. VZWuser76 (Posts: 986; Member since: 04 Mar 2010)


So because some companies break the law it's okay then? Murder, theft and rape happen everywhere as well, so by your logic we should let that slide also.

As far as me being "funny", you used the same words that were used to describe the US in the aftermath of the Japanese bombing Pearl Harbor. Do you honestly think that these two things equate? As an American who had two family members in the armed forces during WWII, I can assure you they do not.

In the end, it doesn't matter what happens here in the US, in China, Russia, or anywhere else. What does matter is what's happening in Italy. Apple had already made changes in their marketing. That shows what they were doing was wrong IN ITALY. Perhaps Italy takes this more seriously than we do here, but that doesn't mean that they must comply with American law.

Lastly, it is the Italian trust regulating body. A regulating body is part of the government. And they are charging Apple with not complying with EU regulations. You were quick to point out how if Posner ruled against android that all the android fans would then be against him. Well the EU have gone after android OEMs in the past, and you were fine with that. But when Apple's on the wrong side of them, they're in the wrong? Hypocrite much?

Like I said in my last post, if Apple is not complying with Italian law, they are well within their rights to fine Apple or ban them if they don't comply. Apple doesn't have the right to sell anywhere, they have the privilege.

posted on 04 Jul 2012, 00:58 1

34. VZWuser76 (Posts: 986; Member since: 04 Mar 2010)


And it's not just misleading the consumer. They are billing for something that the consumer already has available to them when they purchase the product. Call it double billing or theft, but in essence they are overcharging their customers.

posted on 04 Jul 2012, 01:07 1

35. VZWuser76 (Posts: 986; Member since: 04 Mar 2010)


Just one other thing. If I recall correctly, wasn't one of Apple's suits against Samsung mostly about how similar the Galaxy S was to the iPhone, that it would confuse consumers?

You said that the Italians need to read the fine print in this matter. Well if the consumer can't read SAMSUNG on the box, isn't it their own fault if they got the wrong product? you can't have it both ways. Who knows, maybe Apple was banking on the people not reading the fine print would be the same people not being able to tell a Samsung from an Apple.

posted on 03 Jul 2012, 21:33 2

20. networkdood (Posts: 5512; Member since: 31 Mar 2010)


Easy fix for this issue is for all Italians to buy a better phone - HTC ONE X, Samsung GALAXY S3, DROID RAZR MAXX, etc.

posted on 04 Jul 2012, 00:01 1

29. gallitoking (Posts: 4630; Member since: 17 May 2011)


and then after 6 months when Android shows age and starts lagging?..buy another Android?.. great solution

posted on 05 Jul 2012, 08:53

39. networkdood (Posts: 5512; Member since: 31 Mar 2010)


huh, had it 8 months - no lag - now what? I mean what can you say now? Pretty much nothing.

posted on 03 Jul 2012, 21:49 3

22. parkwaydr (Posts: 572; Member since: 07 Sep 2011)


Wait wait wait... Did I misread this, apple is accusing the Italian gov of misinterpreting thier own law?

posted on 03 Jul 2012, 22:03 1

23. networkdood (Posts: 5512; Member since: 31 Mar 2010)


Well, I suppose it could happen, but APPLE's ad in this case needs to be fixed.

posted on 03 Jul 2012, 22:12 2

24. sprockkets (Posts: 938; Member since: 16 Jan 2012)


Yes. They told them "You are reading it wrong."

posted on 03 Jul 2012, 22:31 1

25. parkwaydr (Posts: 572; Member since: 07 Sep 2011)


it's official apple really has no boundaries, suing over bs patents is one thing, but to accuse a government of misinterpreting their own laws is asinine.

posted on 03 Jul 2012, 22:40 1

26. MartyK (Posts: 669; Member since: 11 Apr 2012)


OMG APPLE!..Dam!, just place a sign in your store window that reads,

" 2-year warranty for our devices , at no extra charge to you".

Some battle isn't worth fighting!.

posted on 04 Jul 2012, 00:55

33. VZWuser76 (Posts: 986; Member since: 04 Mar 2010)


Well they must be hurting for cash.

BTW, that was sarcasm for some of the people on here.

posted on 04 Jul 2012, 03:04

37. Tmachaveli (Posts: 425; Member since: 01 Apr 2011)


poor taco not everyone sees it apples way

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