The Authority concluded three separate pre-trial proceedings for breach of the Consumer Code against Acea Ato 5 S.p.A., Abbanoa S.p.A. and Publiacqua S.p.A., which deal respectively in the areas of South Lazio-Frosinone, Sardinia and Florence Province.

Upon closure of the proceedings, which had been initiated as a result of the numerous reports sent by consumers and their representative associations, the Authority determined that the three businesses had put in place aggressive commercial practices as follows:

• inadequate management of user complaints (late or non-conclusive replies) and failure to suspend the procedures for collecting the disputed amounts and disconnecting supply (Acea Ato5);
• failure to respond to requests for statute of limitations for invoices dating back more than five years from the date of consumption or lack of recognition of the same, due to incorrect identification of the statute of limitations deadline and interruptions pertaining thereto, also in this case with failure to suspend the procedures for collecting the disputed amounts and disconnecting supply pending complaints (Abbanoa, Acea Ato 5);
• failure to handle requests for adjustment of invoices due to hidden water losses, occurring downstream of the meter and not detectable if the manager does not record and communicate abnormal, higher than usual consumption, i.e. failure to apply stringent and obstructive criteria for the partial cancellation of amounts billed in case of hidden loss (known as depenalization procedure), in relation to water treatment and sewerage canons (Abbanoa and Acea Ato 5);
• undue conditioning of solvent residents in the collection of water consumption bills in the presence of one or more residents in arrears, despite the existence of individual meters and partial invoice payments, threatening water flow supply reduction and suspension on the entire condominium (Publiacqua).

 At the conclusion of the three preliminary investigations, the Authority sanctioned, respectively, Acea Ato5 for a total of 1,000,000 Euros, Abbanoa for a total of 3,850,000 Euros and Publiacqua for 2 million Euros.

In the course of the proceedings, the Authority made use of the collaboration of the Special Antitrust Unit of the Guardia di Finanza (Italian Financial Police).

Rome, 4 July 2019