The Competition and Market Authority initiated four investigative proceedings against the companies Iren, Iberdrola, E.ON and Dolomiti, suppliers of electricity and natural gas on the free market.
It also sent a request for information to 25 other companies: A2A Energia, Acea Energia, AGSM ENERGIA, Alleanza Luce & Gas, Alperia, AMGAS, ARGOS, Audax Energia, Axpo Italia, Bluenergy Group, Duferco Energia, Edison Energia, Enegan, Enel Energy, Engie Italia, Eni Plenitude, Enne Energia, Estra Energie, Hera Comm, Illumia, Optima Italia, Repower Italia, Sinergas, Sorgenia, Wekiwi.
Under the Authority’s lens – informs a note – the proposals to change the price of electricity and natural gas supply, in contrast with art. 3 of the Law Decree 9 August 2022 n. 115 (Aid bis), converted into Law no. 142 of 21 September 2022. The regulation in question suspends, until 30 April 2023, the effectiveness of both the contractual clauses that allow the sales companies to change the supply price and the notice communications, unless the changes have already completed before the decree came into force.
In particular – explains the Antitrust in a note – to Iberdrola and E.ON. the communication with which the companies represented to the users the termination of the supply contract due to excessive burdens occurring, as an alternative to the acceptance of a new contract at significantly worse economic conditions, is contested.
Dolomites, on the other hand, are challenged with the alleged effectiveness of the communications of unilateral changes to the supply price because they were sent before the entry into force of the Aid Decree bis (10 August 2022), while the law only saves unilateral “perfected” changes. or actually applied before the same date.
Finally, Iren is challenged with the communication relating to the alleged expiry of all fixed price offers with the simultaneous prospect of new and worsening economic conditions of the offer, as an alternative to the customer’s right to withdraw from the supply.
Iberdrola and the Dolomites are also challenged for the misleading communications that would highlight the impossibility of supplying electricity at the contractually established price due to the increase in the price of natural gas, in express and serious contradiction with the affirmations disseminated in the promotional messages, according to which the electricity sold would come exclusively from renewable sources. After hearing the companies and allowing them, within a short time, to exercise their right of defense, the Authority will conclude the sub-proceedings by assessing whether the conditions exist for adopting any precautionary measures.