Iliad and Vodafone at the Court of Milan: no precautionary suspension for SMS winbacks –


Iliad did not get the acceptance of his application for precautionary suspension of Vodafone’s SMS winback, in the frame of his civil lawsuit against the red operator for alleged anti-competitive conduct.

Iliad had indeed brought Vodafone in front of the Court of Milan reporting repeated incorrect commercial practices by the red operator. The application for precautionary suspension to immediately stop SMS winbacks addressed to former Vodafone customers who have gone to Iliad however, it was not accepted because the Court would not have found any critical issues in terms of the characteristics of the offer and information to customers.

For this reason, as reported The sun 24 hours, Vodafone’s SMS winback campaigns will also be able to continue towards the former customers currently in Iliad.

The rejected precautionary suspension request is part of a wider framework, which also includes delays in portability on Iliad’s arrival, which had prompted AGCOM to intervene.

All in all, also considering damage to the image precisely due to the delay in portability, the operator had asked the Court of Milan compensation for damages of around 500 million euros.

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Still the lawsuit between Iliad and Vodafone has not been dealt with on the merits, but recently it has emerged that Iliad also agreed TIM to the Court of Milan.

According to the documents of the TIM Group financial report as of March 31, 2020, in fact, Iliad would also sue TIM in the first quarter of 2020, also in this case for alleged anti-competitive conduct also adopted through the Kena Mobile brandaimed at hindering the entry of the new fourth operator into the Italian market.

No further details were provided and the issue was not addressed by management in live conference, but documents show that the fourth operator has requested compensation of at least 71.4 million euros and that TIM will appear in court to fully challenge Iliad Italia’s requests to the Court of Milan.

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