Increases in electricity and gas bills on the free market end up in the Antitrust crosshairs. The Directorate General for Consumer Protection, headed by Giovanni Calabrò, has decided to initiate seven investigations – and decided to adopt as many precautionary measures – against seven companies supplying electricity and natural gas on the free market, which represent around 80 % of the market. The proposals to change the price of electricity and natural gas supply and the subsequent proposals to renew the contractual conditions ended up under the Authority's scrutiny, in contrast - according to the Authority - with the Aid Bis decree. The new investigations concern: Acea, Hera, Eni Plenitude, Enel Energia, Edison Energia, Engie Italia and A2A. It will be necessary to wait for the end of the investigations to assess whether the companies will be sanctioned or if instead they will demonstrate that they have not acted illegally. In any case, the increases already applied will immediately be suspended and the previous prices restored.
Electricity and gas bills: stop the increases with the Aiuti Bis decree
"Article 3 of the Aid Decree (Legislative Decree No. 9 of 2022 August 115) suspends, from 10 August to 30 April 2023, the effectiveness of both the contractual clauses that allow sales companies to change the supply price and the related notice communications, unless the price changes have already been finalized before the entry into force of the decree itself” writes the Antitrust in the press release with which it announced the graphics of the investigative measures.
Electricity and gas bills: the other companies under accusation
The 7 new investigations announced today 13 December add to the four proceedings - and as many precautionary measures - adopted by the Antitrust in October against Iren, the Dolomites, E.On and Iberdrola and they follow - the guarantor still specifies - a wide-ranging pre-investigation activity carried out against 25 companies, from which it emerged that around half of the operators concerned complied with the law by avoiding changes to the economic conditions - after 10 August 2022 - or by revoking the illegally applied increases.
Electricity and gas bills: the charges addressed to the Big 7
To the seven companies now targeted, the Antitrust contests "the non-suspension of the communications of the proposal for the unilateral modification of the economic conditions, sent before 10 August 2022 and, subsequently, the proposals for updating or renewing the supply prices, of a pejorative nature, justified on the basis of the alleged expiry of the fixed-price offers".
Ad That the alleged effectiveness of the communications of unilateral modification of the supply price is also disputed because they were sent before the entry into force of the Aid Decree bis (August 10, 2022) and not "completed" before the same date.
Light and gas bills: stop the increases, what happens now
Based on the data provided by the companies themselves, it appears that i consumers, condominiums and micro-enterprises affected by communications of changes in economic conditions are 7.546.963, of which approx 2.667.127 would have already suffered an unjustified price increase.
Therefore, companies will have to suspend the application of the new economic conditions, maintaining or restoring the prices charged before 10 August 2022 and, moreover, they will have to inform the Authority of the measures they will adopt in this regard. Within seven days, companies will be able to defend themselves and the Authority will be able to confirm or not the precautionary measures.
