AGCM

According to the Authority, the six companies adopted aggressive commercial practices by pressuring consumers to accept increases in electricity and gas prices, contrary to Article 3 of the Aid-bis Decree

The Italian Competition Authority has imposed fines of over 15 million euro on Enel Energia, Eni Plenitude, Acea Energia, Iberdrola Clienti Italia, Dolomiti Energia and Edison Energia.

According to the Authority, the six companies adopted aggressive commercial practices by pressuring consumers to accept increases in electricity and gas prices, contrary to the regulatory protection deriving from Article 3 of the Aid-bis Decree. Against a background of serious concerns in the energy sector with significant cost increases for end consumers, this provision had prohibited unilateral price increases for the supply of electricity and gas from 10 August 2022 to 30 June 2023. On the other hand, Enel Energia, Eni Plenitude, Acea Energia, Iberdrola Clienti Italia, Dolomiti Energia and Edison Energia sent letters to users persuading them to accept price changes during the above-mentioned period, resulting in significant bill increases for their customers. 

In particular, Enel and Eni - which were respectively fined 10 million euro and 5 million euro - unilaterally changed the supply prices for more than 4 million consumers on the basis of contractual clauses allowing the companies to decide, at their own discretion, whether and when to change the tariffs, once the prices of the chosen economic offer have expired. Thus, customers - even several years after the expiry of the economic offer - were sent letters in which Enel and Eni increased prices without the end consumer’s being aware of any expiry. It should be noted, in the case of the 10 million euro fine to Enel, that this is the first time since the amendment of the Consumer Code that the legal maximum amount has been applied.

Acea and Dolomiti considered that unilateral price change communications, sent before the prohibition came into force, would become effective 10 days after they were sent without observing the 90-day notice period. These companies therefore raised prices before the correct term and, in Acea’s case, also through unilateral changes in violation of the regulations. For these reasons, fines of 560,000 euro and 50,000 euro, respectively, were imposed.

Iberdrola, which was fined 25,000 euro, sent communications between May and October 2022 threatening to terminate the contract due to the excessive cost that would be incurred if a new supply contract was not accepted with worse economic conditions. This conduct was also aimed at circumventing Article 3 of the Decree by pressurising consumers to accept the unilateral change in order to increase prices.

Lastly, Edison applied the price increase before the contractually agreed expiry date of the tariffs. Since the company compensated its customers and given the marginal number of consumers involved, the legal minimum amount of 5,000 euro was applied.

Rome, 15 November 2023