Over two and a half million euros is the total bill presented by the Antitrust Authority to six major Italian companies that tried to advertise themselves by exploiting the name of the Milan-Cortina 2026 Olympics.
Despite not having paid to be official sponsors, the Competition and Market Authority (Agcm) concluded that the companies Harmont&Blaine, Rialto (Il Gigante supermarkets), MD, Magazzini Gabrielli (Oasi supermarkets), RetailPro (Pro7 supermarkets) and Butan Gas associated their products with the Winter Games, misleading consumers.
VIOLATION OF THE BAN ON PARASITIC ADVERTISING
The investigation, explains the Agcm, started thanks to checks by the Special Antitrust Unit of the Guardia di Finanza. The Authority punished what is technically called ambush marketing, that is, the practice of linking a brand to a major event without the organizers’ authorization.
The measures clearly state that this activity is considered deceptive because it misleads the average consumer about the existence of sponsorship relationships that do not actually exist. This causes harm not only to the public but also to those who invested large sums to become official sponsors and to the event organizers.
THE ADVERTISING CAMPAIGNS UNDER ACCUSATION AND THE REFERENCE TO OLYMPIC SYMBOLS
The sanctioned companies, according to the Antitrust Authority, developed various communication strategies to connect themselves to the Games. Butan Gas S.p.A. published content on social networks where the values of sport appeared associated with the company’s mission, reproducing the Futura logo and the graphic representation of the five Olympic rings on a light blue gas cylinder.
Harmont & Blaine S.p.A. instead promoted the clothing line “Cortina in colors” and carried out branding activities at the Chalet Tofane, located near the Olympic slopes.
Rialto S.p.A., through the Il Gigante brand, launched the TecnOlimpiadi campaign, using the symbol of colored rings and images of winter sports to promote technological products such as tablets and TVs.
The company MD S.p.A. carried out the promotion Start of the Olympic Games MD Edition, spreading images of the Olympic flame and the five rings together with its own brand.
Magazzini Gabrielli S.p.A. used the claim Olympic Discounts in Oasi supermarkets, while RetailPro S.p.A. spread posts for the Pro7 brand with the slogan “With us the flame of convenience never goes out!” and images of mascots linked to the symbolism of the Games.
THE DEFENSIVE ARGUMENTS OF THE COMPANIES INVOLVED
During the proceedings, the companies tried to justify their conduct by raising various objections. Many invoked good faith and the absence of a strategic plan aimed at exploiting the Olympic brand.
Butan Gas argued that the posts were isolated and episodic communications, without economic benefits. Harmont & Blaine claimed that the “Cortina in colors” campaign was an established strategy already in place before the Olympics, excluding the risk of misleading the public.
MD described its posts as a playful and ironic invitation for the public to experience the Olympic competitions, while RetailPro spoke of simple instant marketing without the purpose of appropriating distinctive value. Magazzini Gabrielli even presented a survey to demonstrate that only a residual share of consumers perceived a sponsorship connection.
However, the Authority rejected these arguments, specifying that the regulations do not require parasitic activities to be the result of ex ante planning or to have a systematic nature.
THE SANCTIONS AND THE COMPANIES’ REVENUES
The amount of the pecuniary sanctions was calibrated taking into account the seriousness of the violations and the economic size of each professional.
RetailPro S.p.A., which recorded a turnover of 305,238,984 euros in 2024, received the highest fine, amounting to 550,000 euros. Following are Harmont & Blaine S.p.A., with a turnover of 94,162,249 euros, and Magazzini Gabrielli S.p.A., with a turnover of 1,268,868,047 euros, both fined 500,000 euros.
Butan Gas S.p.A., with a turnover of 347,775,368 euros, was fined 350,000 euros. Rialto S.p.A. (Il Gigante), which achieved revenues of 1,268,868,047 euros, will have to pay 310,000 euros.
Finally, MD S.p.A., despite having the highest turnover in the group of 3,694,114,270 euros, received a fine of 300,000 euros, a reduced amount compared to the initial determination considering the limited media visibility of the published content.
The Antitrust Authority emphasized that the mere absence of hashtags or the short duration of posts on social channels are not sufficient elements to exclude the illicit connection with the Olympic event.
