AGCM

The proceedings affect Enel Energia, Optima, Green Network, Illumia, Wekiwi, Sentra, Olimpia-Gruppo Sinergy, Gasway, Dolomiti Energia, E.On, Axpo, Audax, Argos. A lack of transparency in indicating the economic terms of supply is being disputed

Autorità Garante della Concorrenza e del Mercato has initiated 13 investigative proceedings against the companies Enel Energia, Optima, Green Network, Illumia, Wekiwi, Sentra, Olimpia-Gruppo Sinergy, Gasway, Dolomiti Energia, E.On, Axpo, Audax, Argos concerning a lack of transparency in indicating the economic terms and conditions of supply of electricity and gas on the liberalised retail market. The remarks made by the Authority refer to both the contractual documentation and the promotional material.

A first analysis of the main commercial offers on the liberalised market proposed by the companies revealed the existence of several critical aspects to the information provided with regard to the items that contribute towards the formation of the overall price of electricity and gas, including some charges which once included in the bill, are charged to consumers.

In particular, it appears that, before signing the contract, users are not adequately informed of the existence of some cost items that are additional to the price of the energy component, with the result that, only upon receipt of their bills, do they become aware of the actual costs for the electricity and gas supplies applied by these suppliers, which are higher than expected.

In many cases the marketing costs are not indicated in their exact amount or some of the charges foreseen in the contract are not based on a corresponding activity. Sometimes, on the other hand, other cost items are incorrectly charged to users in the event of early withdrawal, by way of penalty or in the form of a cancellation of bonuses granted to incentivize them to take up commercial offers.

By initiating these proceedings, the Authority intends to ascertain the existence of conduct relating to offers for the supply of electricity and gas on the liberalised retail market that are contrary to the rules of the Consumer Code, in cases where the economic terms set out in the contractual or promotional documentation by the various operators in the sector, are misleading, inadequate or omit something. 

The investigation also relates to aggressive behaviour by some of these operators, where they foresee penalties to be applied in the event of withdrawal or charge for services not rendered, in order to penalise behaviour detrimental to small domestic and non-domestic customers and thus deter future repetition.

Moreover, such conduct could constitute non-diligent behaviour in violation of article 20 of the Consumer Code.

Rome, 9 October 2020