Hard blow for three utilities in the water services sector: the Antitrust imposed a total fine of almost 7 million euros on Acea Ato5, Abbanoa and Publiacqua, respectively active in the territorial areas of southern Lazio-Frosinone, the Sardinia Region and the Province of Florence, for violation of the Consumer Code. The proceeding was initiated following the numerous reports sent by consumers and their representative associations, and led the Authority to ascertain that the three companies engaged in aggressive commercial practices.
In detail, the following points are reproached:
- inadequate handling of complaints of users (late or inconclusive responses) and non-suspension of the procedures for collecting the disputed amounts and disconnecting the supply (Acea Ato5);
- failure to process statute of limitations claims relating to invoices dating back more than five years from the date of consumption or non-recognition of the same, due to the incorrect identification of the effective term of the statute of limitations and the interrupting acts of the same, also in this case without suspension of the collection and posting procedures complaint pending (Abbanoa, Acea Ato 5);
- failure to manage invoice correction requests in the presence of hidden water leaks - those that occur downstream of the meter and are not detectable if the manager does not record and communicate the anomalous consumption, higher than the usual one - or by applying stringent and impeding criteria for the purpose of partial reversal of the invoiced amounts in the event of hidden leakage (so-called decriminalization procedure), relating to water treatment and sewerage fees (Abbanoa and Acea Ato 5);
– in the collection of invoices relating to water consumption of condominium users, undue conditioning of solvent condominiums in the presence of non-payment of one or more condominiums, despite the existence of individual meters and in the presence of partial payments of invoices, with the threat of a reduction in the flow and therefore the suspension of the water supply to the entire condominium (Publiacqua).
Upon conclusion of the three investigations, the Antitrust therefore fined Acea Ato5 for one million euro, Abbanoa for a total of 3,85 million and Publiacqua for 2 million respectively. During the proceedings, the Authority made use of the collaboration of the Special Antitrust Unit of the Guardia di Finanza.
