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Rising energy and gas prices, antitrust check unilateral changes to contracts

There are four investigations and precautionary subsidiary actions initiated by AGCM against the largest number of companies that supply Electricity and gas in the free marketIn fact, there are 25 Italian companies that the authority has requested information to check for possible contractual violations. relevant facts Irene, Iberdrola, E-On and Dolomitesthe accusation has been suggested to their clients Price changes For the supply of gas and electricity contrary to Article 3 of the Legislative Decree Duplicate help (9/8/2022 No. 115, later converted to Law No. 142 issued on 9/21/2022).

The action taken by the Competition and Market Authority is part of a broader control strategy set to protect consumers in this difficult period of geopolitical, energy and economic crisis with inevitable repercussions on our bills.

Suspension of unilateral amendments to contracts for the supply of electricity and natural gas




  1. Until April 30, 2023 Suspending the validity of any contractual clause that allows the electricity and natural gas supplier to unilaterally modify the general terms and conditions Regarding the definition of the price even if the right of withdrawal is contractually recognized by the counterparty.
  2. Up to the same date indicated in paragraph 1, notifications sent for the above-mentioned purposes before the date of entry into force of this Decree are ineffective, unless the contractual changes have already been completed.

In other words: until April 30, 2023, electricity and gas suppliers cannot make unilateral changes to the existing contract with the customer in connection with a price change (“Unless the changes have already taken place perfect Prior to the decree’s entry into force“).

Investigations started by Antitrust against:

Irene, Iberdrola, E-On, Dolomite

The request for information has been sent to:

A2A Energia, Acea Energia, AGSM ENERGIA, Alleanza Luce & Gas, Alperia, AMGAS, ARGOS, Audax Energia, Axpo Italia, Bluenergy Group, Duferco Energia, Edison Energia, Enegan, Enel Energia, Engie Italia, Eni Plenitude, Engiene Hera Comm, Illumia, Optima Italia, Repower Italia, Sinergas, Sorgenia, Wekiwi

The Antitrust Authority found contractual irregularities in the four companies involved in connection with the proposed changes to the price of electricity and gas supplies:

  1. Iberdrola and E.ON: He challenged the connection in which the two companies put the customer in front of a double choice:
    • Termination of the current contractBecause of the excessive burdens that occur
    • accept a new contractUnder much worse economic conditions
  2. dolomite: I objected to the effectiveness of the notification of the unilateral amendment to the contract, which was sent prior to the entry into force of the assistance decree but was subsequently completed
  3. Erin: The communication regarding the expiry of the fixed price quotations is being challenged. Customers can:
    • Withdraws
    • Acceptance of new, deteriorating economic conditions (with increases of up to 50%, so)

Iberdrola and Dolomiti are also under investigation for providing them to their clients misinformation: In particular, both suppliers have declared that it is impossible to provide electricity at the agreed price due to the high price of natural gas. However, it is unfortunate that both Iberdrola and Dolomiti announce that the electricity they provide comes exclusively from renewable sources..

Photo credits: Pixabay

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