AGCM

In the Authority’s view, these nine companies, using different communications media, organized advertising campaigns that could mislead consumers as to the overall price of the requested service, including statements that were either untrue, inexact or incomplete. Specifically, the campaigns had to do with the so-called “fixed/certain/blocked price” offer and the so-called “bioraria” [off-peak] offer for electricity and gas.

In particular, those offers did not clearly specify that they included price components regulated by the Electricity and Gas Authority that were consequently subject to variation. Such components may even account for over 40% of the overall cost to the consumer for electricity and gas. Furthermore, there was inadequate notice of the higher energy costs to be charged during the daytime under the advertised proposals.

The improper commercial practices in question must be seen, the Authority says, in the context of the recent liberalization of energy sales that took place, for the gas market, in January 2003 (but that has only recently begun to have its effects), and in July 2007 for the electricity market. Liberalization has brought numerous new operators into the market; these, like the former monopolists, have attempted to rapidly gain market share by investing above all in massive advertising campaigns. This initial phase in which the various operators have been presenting their offers to the market has meant that consumers have a greater need for clarification and information, especially regarding the true economic conditions of the service. The response has not been the particularly clear and correct information that it is incumbent on the operators to provide.

The following are the fines imposed:

Enel Energia                        Euro 250,000 (two hundred and fifty thousand);

ENI                                Euro 260,000 (two hundred and sixty thousand);

AceaElectrabel Elettricità         Euro 135,000 (one hundred and thirty-five thousand);

AEM Energia:                         Euro 140,000 (one hundred and forty thousand);

ASM Energia e Ambiente         Euro 110,000 (one hundred and ten thousand);

Trenta                                 Euro 90,000 (ninety thousand);

Enìa Energia                         Euro 95,000 (ninety-five thousand);

MPE Energia                         Euro 100,000 (one hundred thousand);

Italcogim Energie                 Euro 95,000 (ninety-five thousand).

Rome, 3 January 2009