Ambush marketing and sporting events: confirmed by the Council of State the AGCM sanction against a well-known e-commerce platform.
Licia Garotti, Partner, and Giorgio Rapaccini, Senior Associate, for the Technology and Intellectual and Industrial Property Law practice commented in ItaliaOggi on the recent ruling No. 3118/2025 of the Council of State, which marks an important precedent in defining the boundaries of Ambush Marketing in Italy.
The dispute concerned a €100,000 penalty imposed by the AGCM on a well-known e-commerce platform for displaying during Euro 2020 a billboard near the official UEFA area in Rome. Although the message lacked explicit references to the event, it used symbols and language capable of evoking a link with the sporting event, thus generating in the public the erroneous perception of an official association.
The ruling confirms the approach taken by the Authority and the Lazio Regional Administrative Court: even indirect and merely suggestive communications may be unlawful if they are capable of creating a misleading link with events protected by exclusive rights. This is a clear warning to companies that intend to promote their brands in sports contexts without official authorization, especially in view of events such as the Milan-Cortina 2026 Winter Olympics.