Also Enel ends up in the crosshairs of the Competition and Market Authority. The Antitrust Authority imposed an administrative fine on Enel Energia of 3,5 million, a Conseed e Seedjointly and severally, an administrative fine of 1 million, a zetagroup, an administrative fine of 280 thousand, a New Working, Run e Sofirrespectively, an administrative fine of 100 thousand euros.
According to the Authority, the companies unduly provided call center operators with lists of customers belonging to the protected market – that is, the regime of greater price protection in the energy sector for small end customers – and they used an automated answering machine to promote Enel's commercial offers. Such dates, expected at 10 January 2024, was indicated by the operators as "imminent" or, in any case, much earlier than the date of effective cessation and, in some cases, the transition was proposed, contrary to the truth, as mandatory.
Furthermore, according to the Authority, the conduct was aggressive due to the insistent and repeated phone calls that broadcast the pre-recorded message, even directed to the many consumers who had not provided prior consent to be contacted for marketing purposes.
Antitrust fines Enel: "Full awareness"
As far as Enel is concerned, the Antitrust has ascertained its responsibility for the failure to implement an effective control system on the ways in which partner agencies, sub-agencies and agents connected to them contacted customers and acquired new contracts on the free market of energy, by deceptive behaviors e aggressive. As well as the failure to adopt suitable measures to prevent and prevent such conduct from spreading so widely on the market. In establishing the amount of the fine, the Authority took into account not only the seriousness and duration of the violations of the Consumer Code, but also the high number of consumers involved.
The role of partner agencies
The investigation showed that the partner agencies Conseed, Seed, Zetagroup, New Working and Run knowingly carried out their sales activity making use of sub-agencies and individual agents - not authorized by Enel - who unduly had lists of customers belonging to the protected market and who used an automated answering machine for promote commercial offers of Enel. The Authority explained in a note that such conduct constitutes an unfair commercial practice because it is capable of appreciably distorting the consumer's economic behavior in relation, moreover, to a service of primary interest, such as that of the supply of energy services.
Furthermore, these companies, as well as Sofir, were found to be responsible for the failure to set up an adequate control system on their sales network.
Enel announces appeal to the Regional Administrative Court: "We intervened on incorrect practices, the Antitrust did not take them into account"
The proceeding initiated by the Antitrust against Enel for unfair commercial practices regarding the activation of new contracts on the free market did not take into account the "actions taken by the company, such as countless complaints presented to the Judicial Authority and the significant contractual sanctions applied, to counter the phenomenon of unfair practices implemented by operators who act either posing as Enel or - in a limited number of cases - in contravention of the strict rules of conduct imposed by the company". This was stated by Enel in a note, adding that the company does not derive "any benefit from such incorrect conduct, but only relevant economic and reputational prejudices“. For this reason, the note adds, Enel Energia "reserves all action for its own protection, trusting that it will be able to demonstrate its non-involvement in the disputed facts and the full legitimacy and correctness of its actions before the TAR".
Updated at 11:21am Friday, November 18, 2022
Enel Energia could defend itself by making the signing of contracts mandatory only in writing, if it doesn't do it then pay the fine and shut up!