January 28, 2023

Wire Service Canada

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Antitrust begins seven proceedings against energy companies – the economy

Antitrust has launched seven investigations and adopted seven preventive measures against Enel, Eni, Hera, A2A, Edison, Acea and Engie for alleged unilateral wrongful changes in prices for the supply of electricity and natural gas. This can be read in a note from Antitrust. More than seven million consumers, residential units and micro-enterprises are affected by telecoms from changes in economic conditions.

The Competition and Market Guarantee Authority launched seven preliminary measures – and decided to adopt the largest number of precautionary measures – the note reads “against the main companies that supply electricity and natural gas in the free market, which represent nearly 80% of the market. Change in the price of electricity and natural gas and subsequent proposals to renew the terms Contractual, in contrast to Article 3 of the Decree-Law, ended up under the supervision of the authority on August 9, 2022 No. 115 (the so-called aid bis), converted into Law No. 142 of September 21, 2022. The regulation suspends, from August 10 to April 30, 2023, the effectiveness of both contractual clauses that allow sales companies to change the supply price and related notice notifications, unless price changes have already been finalized before the agreement enters into force. same decree. These interventions – explains the antitrust – “are added to the four investigative measures and the same number of precautionary measures adopted against the companies Iren, Dolomiti, E.On and Iberdrola and follow an intense proactive activity carried out against 25 companies, of which it turns out that about half of the operators concerned have complied with the law by Avoid changes in economic conditions – after August 10, 2022 – or by unlawfully reversing applied increases.” The seven companies are being challenged for not suspending communications proposing to unilaterally adjust economic conditions, sent before August 10, 2022, and thereafter, proposals to update or renew supply prices, of a pejorative nature, justified on the basis of alleged expiration. Fixed price offers. Acea also disputes the alleged effectiveness of communications of a unilateral supply price adjustment because they were sent prior to the entry into force of the Aid bis Decree (August 10, 2022) and were not “completed” prior to the same date. Based on the data provided by the companies themselves, it appears that consumers, condominiums and small businesses affected by telecoms to changes in economic conditions amount to 7,546,963, of which approximately 2,667,127 have already experienced an unjustified price increase. Accordingly, companies will have to suspend the application of the new economic conditions, maintain or restore the prices used before August 10, 2022, and they must inform the authority of the measures that it will take in this regard. Within seven days, the companies will be able to defend themselves and the authority will be able to confirm or not confirm the precautionary measures.

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