Gas and electricity: Agcom confirms the measures taken by Enel, Eni, Edison, Acea and Engie against “illegitimate” price increases

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On December 29, the Antitrust Authority, on the basis of the principles expressed by the Council of State, partially confirmed the precautionary measures issued on December 12 against Enel, Eni, Edison, Acea and Engie, suspending only the amendments unilateral of the economic conditions not expiring, in violation of the Consumer Code and in contrast with the art. 3 of the Decree Law of 9 August 2022, n. 115 (so-called Aid bis), converted into Law no. 142 of 21 September 2022.

The latter provision, as deemed by the Council of State, 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. The Council of State, with the order with which it only partially suspended the precautionary measure issued against Iren, limited the scope of article 3 referred to only «ius variandi for contracts that have not expired and not for contractual renewals resulting from deadlines agreed by the parties».

The Authority therefore, within the explicit limits, confirmed the precautionary measures against Enel, Eni, Edison, Acea and Engie, suspending the effectiveness of all communications of unilateral changes and/or renewal/updating/variation of the economic conditions of offer of permanent contracts, without a clear, effective and predetermined or predeterminable expiry. Therefore, in execution of the Authority’s provision, the aforementioned companies will not be able to vary the economic conditions of the supplies to consumers, condominiums and micro-enterprises that do not have an effective deadline. Within five days, Enel, Eni, Edison, Acea and Engie will have to notify the Authority of the successful execution of the suspension measures. With reference to the companies Hera and A2A, the Authority has not recognized the details for confirming the related precautionary measures expected that, on the basis of the documents acquired, it appears that the changes communicated by the same concerned economic offers actually expiring.