Free market electricity and gas, 6 Antitrust proceedings

The examination of the 13 investigative proceedings opened by the Antitrust due to lack of transparency in the prospect of the economic conditions for the supply of electricity and gas on the free market ended with the imposition of two sanctions and 11 closures. This was communicated by the Antitrust Authority, explaining that with regard to the companies Argos and Sentra Energia – after having ascertained the misleading or omitted indication of the costs of supplying electricity and / or gas and the application of charges not owed by users – two sanctions were imposed: 2.16 million to Argos and 250 thousand euros to Sentra. Instead, 11 investigative proceedings – initiated against Enel Energia, Optima, Green Network, Illumia, Wekiwi, Olimpia-Sinergy Group, Gasway, Dolomiti Energia, E.On, Axpo and Audax – were closed by accepting the commitments presented by the companies. From the analysis of the contractual and promotional documentation of the commercial offers proposed by the main operators in the sector and from the examination of numerous reports from consumers, the Authority found “important critical issues and a general misleading or omission of information on some components of the price. supply of electricity and gas on the free market and, often, the provision of hidden, improper and undue charges from consumers “. The Antitrust then initiated 6 investigations against the companies Visitel, Enne Energia, Ubroker, Bluenergy, Europe Energy and Ajò Energia, to ascertain the existence of similar critical issues in the offers proposed on the free energy market. Furthermore, through 3 interventions of moral suasion, the AGCM invited Eni gas and light, A2A and Sorgenia to make current and future promotional communications clearer and more complete, indicating with the same graphic evidence all the charges applied by the sales companies for the supply of electricity and gas, so as to allow consumers to consciously choose the offers available on the free market. The Antitrust Authority reports how the failure to indicate the value of the “marketing charges” was found both in the contract conditions and in the promotional material, where only the price of the “energy component” was advertised, although these charges represent an essential part of the price supply for the consumer and business revenues. “These are amounts that are added to the invoice to the charges set by the regulator – system, transport and meter management charges – or of a fiscal nature”. Furthermore, “some offers included improper charges denominated in various ways, bill shipping costs or penalties, including in the form of reversal of the discounts granted at the time of signing the contract – however, contrary to the current regulations – which were applied regularly or in case of early withdrawal from the supply contract “. The Antitrust has accepted the commitments proposed by the 11 companies, also on the basis of a detailed opinion given by the regulatory Authority of the sector (Arera), provided that the sales companies guarantee clarity and completeness of the electricity and gas supply price in the contractual documentation and promotional material, as regards present and future commercial offers. In this way, consumers will be able to know the price of the actual supply and compare offers on the free market. The AGCM also accepted the proposed commitments, relating to the full reimbursement of charges not due to all consumers, both active and discontinued, which had been charged since 2018.The Authority will continue to monitor the contents of the energy and gas commercial proposals to ensure the transparency of offers and the non-imposition of improper charges as well as to allow consumers to choose the best offer conditions, in view of the passage of all users to the free market from 1 January 2023.

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