Our Approach
Continued: Main legal actions regarding anti-competitive behavior, antitrust, monopoly practices and corrupt practices
COUNTRY UPDATE ON LEGAL ACTIONS DESCRIBED IN 2011 SUSTAINABILITY REPORT AS NOT CLOSED
In February 2012, UniCredit SpA appealed the ruling to the TAR (the competent judicial authority)
for the penalties, alleging unfair trade practices regarding an advertisement that offered funding,
imposed by AGCM (the Italian Antitrust Authority). The procedure is currently ongoing.
Italy In July 2011, TAR overturned the fine imposed by the AGCM in November 2010 on UniCredit and
other banks. The fine was related to alleged agreements restricting competition in the debit and
credit card industry. In November 2011, the AGCM appealed this result before the Council of State.
In 2012, the proceeding is still pending.
In 2012, the proceeding related to an action for injunction, issued by VKI, the Consumers Association
of Austria, in line with Section 14 of the Austrian Unfair Competition Act regarding statements on the
UniCredit Bank Austria AG homepage, finished. An out of court agreement with VKI was entered into
Austria by Bank Austria and the clarification on information of the homepage was done.
With reference to allegations that UniCredit Bank Austria AG misadvised customers in relation to derivatives
transactions (e.g., OTC options), criminal charges against two UniCredit Bank Austria AG employees and the
bank itself were dismissed in 2011. As of March 2013, 13 civil proceedings are still ongoing.
In 2001, the UOKiK (Polish Office of Competition and Consumer Protection) launched the
proceeding to protect competition against the operators of the Visa and Europay systems, as well
as the Polish banks that issued Visa and MasterCard credit cards, connected to the use of alleged
anti-competitive practices that would affect the Polish payment cards market. In May 2012, the
Court of Competition and Consumer Protection (SOKiK) decided to suspend the proceeding until
the final ending of the proceeding before the Court of Justice of the European Union (MasterCard
Europe Sprl against European Commission – signature T111/08). In effect of bank’s complaint on
25 October 2012 the Court of Appeal repealed the decision on suspending the proceeding.
In October 2011, UOKiK informed Bank Pekao SA about the opening of the proceeding in order
to verify whether the Bank’s practices do not infringe collective consumer interests (transfer of
information on expiring customer’s obligation to the Credit Information Bureau (BIK), in conflict with
regulation of Ministry of Finance, that may also constitute a breach of the Act on competition and
consumer protection). In April and November 2012, UOKiK changed its resolution on initiating of the
Poland proceeding by adding new accusations. By the decision of 28 December 2012, received on 3 January
2013, the UOKiK fined the Bank. The fine imposed was 1.8 million PLN (approximately 450,000 €).
The Bank appealed this decision on 17 January 2013.
In October 2010, UOKiK initiated ex officio a proceeding aiming at verifying if records of standard
contracts of clearing accounts for consumers do not breach provisions of binding law, in particular use
of contractual provisions declared as abusive clauses. The Bank presented a written explanation on
November 26, 2010. On December 27, 2010 UOKiK issued a decision according to which the analyzed
records were abusive clauses. UOKiK acknowledged that this practice has ceased on November 3, 2010.
The fine of 1,993,350 PLN (which is about 480,000 EUR) was imposed.
In September 2012 the Court of Competition and Consumer Protection (SOKiK) passed a judgement
confirming the decision of President of the Office. In the above mentioned decision, the President of the
Office found 2 abusive clauses in general terms of opening and maintaining Bank’ s savings accounts.
On October 30, 2012 the Bank lodged an appeal to the Court of Appeal in Warsaw, in which it wholly
appealed against the judgement of SOKiK in September 2012. The proceeding is still ongoing.
10 2012 Sustainability Report · UniCredit