The Competition and Market Authority (Agcm) announced that it had concluded 13 investigative proceedings due to lack of transparency in the prospect of the economic conditions for the supply of electricity and gas on the free market. In particular, 11 investigative proceedings – initiated against Enel Energia, Optima, Green Network, Illumia, Wekiwi, Olimpia-Sinergy Group, Gasway, Dolomiti Energia, E.On, Axpo and Audax – were closed accepting the commitments presented by the companies while another 2, against Argos and Sentra Energia, concluded with the ascertainment of unfair commercial practices and with the sanction.
The investigation by the Authority, explains the press release, is based on an extensive analysis of the contractual and promotional documentation of the commercial offers proposed by the main operators in the sector and on the examination of numerous reports from consumers. From these important critical issues emerged and a general misleading or omission of information on some components of the price of electricity and gas supply on the free market and, often, the forecast of hidden, improper and undue charges from consumers.
In particular, there was a failure to indicate the value of the “marketing charges” both in the contract conditions and in the promotional material, where only the price of the “energy component” was advertised, although these charges represent an essential part of the price of the supply for the consumer and business revenues. These are amounts that are added in the invoice to the charges set by the regulator – system, transport and meter management charges – or of a fiscal nature. In addition, some offers included improper charges denominated in various ways, bill shipping costs or penalties, including in the form of reversal of the discounts granted at the time of signing the contract – however, contrary to the current regulation – which were applied regularly or in case early withdrawal from the supply contract.
The Antitrust Authority has accepted the commitments proposed by the 11 companies, also on the basis of a detailed opinion issued by the Regulatory Authority for the sector (Arera), on condition that the sales companies guarantee the clarity and completeness of the electricity supply price. and gas in contractual documentation and promotional material, as regards present and future commercial offers. In this way, consumers will be able to know the price of the actual supply and compare offers on the free market. The AGCM also accepted the proposed commitments, relating to the full reimbursement of charges not due to all consumers, both active and discontinued, which had been charged since 2018.
As regards, however, the proceedings concluded against the companies Argos and Sentra Energia, the Authority – after having ascertained the misleading or omitted indication of the costs of supplying electricity and / or gas and the application of not owed by users – imposed two penalties: one to Argos equal to 2,160,000 euros and one to Sentra Energia equal to 250,000 euros. The Antitrust then initiated 6 investigations against the companies Visitel, Enne Energia, Ubroker, Bluenergy, Europe Energy and Ajò Energia, to ascertain the existence of similar critical issues in the offers proposed on the free energy market.
Finally, through 3 interventions of moral suasion, the Agcm invited Eni gas and light, A2A and Sorgenia to make current and future promotional communications clearer and more complete, indicating with the same graphic evidence all the charges applied by the sales companies for the supply of electricity and gas, so as to allow consumers to consciously choose the offers available on the free market. The Authority announced that it will continue to monitor the contents of the energy and gas commercial proposals to ensure the transparency of the offers and the non-imposition of improper charges as well as to allow consumers to choose the best offer conditions, in view of the passage of all users on the free market from 1 January 2023.