Quattro gas and light companies end up under the lens ofAntitrust. In detail, the Competition and Market Authority has launched four investigations against Iren, Iberdrola, E. Hon e The Dolomites, suppliers of electricity and gas on the free market. In the viewfinder are over proposals for unilateral price changes, communications to customers, threats of detachment (unless you accept pejorative contracts) that are in contrast with the Aid decree bis, which suspends until 30 April 2023 the effectiveness of the contractual clauses that allow for the modification of the supply prices, unless the modifications were finalized before the entry into force of the decree itself. Last week, after complaints from consumer associations, the Antitrust and Arera had sent a communication to clarify to businesses and users what exactly the legislation provides.
After hearing the companies and allowing them, within a short time, to exercise their right of defence, the Authority will conclude the sub-proceedings "assessing whether the conditions for adopting any precautionary measures will be met".
The four investigations into the free market
In particular to Iberdrola and ad E. Hon is contested – explains the Antitrust – “the communication with which the companies have represented to the users the termination of the supply contract due to excessive onerousness, as an alternative to accepting a new contract at significantly worse economic conditions”.
The Trento-based energy company Dolomiti and Iberdrola are also accused of "themisleading communications which would highlight the impossibility of supplying electricity at the contractually established price due to the increase in the price of natural gas, in express and serious contradiction with the statements spread in the promotional messages, according to which the electricity sold would come exclusively from renewable sources ”.
In the Dolomites the “alleged effectiveness of change communications of the supply price because they were sent before the entry into force of the Aiuti bis decree (August 10, 2022), while the law is without prejudice only to unilateral changes completed or actually applied before the same date".
Finally, Iren is challenged for "the communication relating to the alleged expiry of all the fixed-price offers with the contextual presentation of the new and worsening economic conditions offer, as an alternative to the customer's right to withdraw from the supply".
Information requests to 25 other companies
Following the dossier is the DG Consumer Protection of the Antitrust, led by Giovanni Calabrò, which has also sent a request for information to 25 other companies. Also here in the crosshairs are the price change proposals, i.e. those starting from 1 May 2022, relating to unilateral changes to the economic conditions of supply or even to the renegotiation/replacement/update applied after 10 August 2022.
The companies are: A2A Energy, That Energy, Agsm Energy, Light & Gas Alliance, Alperia, Amgas, Argos, Audax Energy, Axpo Italy, Blueenergy Group, Duferco Energy, Edison Energy, Only one, Enel Energy, Engie Italy, Eni Fullness, Enne Energy, Extract Energies, Hera Comm, Illumia, Optima Italy, Repower Italy, Synergas, Sorgenia, Wekiwi.
Managers forced to cancel contracts due to too high costs
«Dear customer, the current market instability and the exponential increase in natural gas prices place us before an exponential and unprecedented situation…. given the impossibility of guaranteeing your supply at economic conditions in line with current market conditions, we are forced to terminate the current supply contract…». This is the email that many families and small businesses are receiving these days from their gas and electricity suppliers. After years of competition with commercial offers, the gas and electricity operators they find themselves having to cancel contracts to households and businesses: the cost of supplying energy, given the wild gas prices, no longer allows for sufficient margins.
And here is the paradox: operators prefer to lose customers rather than find them. But, it is specified that "this measure will not lead to any interruption of the natural gas supply service": for users left without a supplier there is the safeguard marketbut at even higher costs.
