Control of Price Related Terms in Standard Form Contracts in Italy

The control of price related terms in consumer contracts in Italy is governed by a complex set of rules and regulations. In this field, the traditional distinction between private and public law has given way to new approaches, spanning the public law/private law divide. The civil code and the consumer code (which implements EU law on unfair contract terms) provides limited assistance in this matter, while special regulations do offer substantial relief against unfair price related terms in certain contractual contexts. The enforcement of rules protecting consumers in this respect is no more the exclusive preserve of Courts; administrative agencies and alternative resolution bodies are regularly involved in the same exercise. Nonetheless, at least some of the major problems that arise with respect to the control of price conditions in mass transactions are still directly dealt with by the legislature, even after waves of privatisation. The policy in favour of more informed consumer decisions still has to be fully achieved, while the regulators are beginning to react to marketing techniques that tend to exploit consumers' cognitive biases.