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L & # 39;AGCM, The French Competition and Market Authority, decided to sanction Apple and Samsung of unfair commercial practices in relation to updates some of their devices. In particular, the Authority believes that the release of some firmware upgrades has significantly reduced the performance of older devices, thereby accelerating the replacement process.
As announced by a statement published on the official website of the AGCM, the two companies would have violated articles 20, 21, 22 and 24 of the Consumer Code, requiring users to install updates on devices that are not able to support them properly, without providing timely information, or guaranteeing ways to restore the original functionality of the devices. products.
With regard to Apple, the problem is related to the update of the iPhone 6 and later – including the iPhone 6 Plus, the iPhone 6S and the iPhone 6S Plus – to iOS 10, an operating system that, according to the AGCM, would have caused user problems, including the sudden shutdown of the devices. Apple would not inform users quickly of this possibility and, in February 2017, would not explain to consumers that the next update of iOS 10.2.1 could reduce the speed of response and the functionality of smartphones. The AGCM also notes that the Cupertino group did not immediately prepare badistance measures for the iPhone affected by the problem, pending the December of the same year to launch a plan to replace the battery at a reduced price.
However, this is not all because the Authority found that in accordance with Article 20 of the Consumer Code, the Cupertino company had not informed the users until December 2017 certain key characteristics of lithium batteries, including average life. , deterioration and maintenance, verification and replacement of batteries to ensure device performance.
With regard to Samsung, the AGCM found violations by proposing to consumers, in 2016, the update of Android Marshmallow for Notes 4 issued in 2014. The company did not inform customers of serious malfunctions related to the increased material demands due to the new operating system, so as to request out-of-warranty repairs and high costs for the consequences of these malfunctions on the peripherals.
As we learned in the press release, two sanctions were applied to the maximum edict: 5 million euros for Samsung e 10 million euros for Apple, since Apple sees two different contested practices. Companies are also required to post on their site a correction report informing consumers of the Authority's decisions and the link to the order of badessment.
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