All the beneficial Antitrust broadcasts
What emerges from the annual report of the Italian Antitrust Authority chaired by Roberto Rustichelli. Emanuela Rossi's article
We need a public policy willing to recognize itself in a monochromatic and open vision of the market. The president of the Antitrust Authority Roberto Rustichelli, in the fourth report of his seven-year term, sends a clear message in the days when Parliament is still busy with the examination of the Competition bill .
According to Rustichelli, competition is an "always important protection" but becomes an "indispensable condition" – for the market to produce wealth and well-being for consumers – when purchasing power is reduced and it is necessary "to counteract any collusive conduct or abusive exploitation of the power of market ”which could amplify“ the negative effects of inflationary dynamics ”.
Words that translate into numbers when the Antitrust number one highlights that between 2015 and 2020 the Authority's interventions in the field of competition have generated benefits for businesses and consumers for over 5 billion euros.
During the speech with which he presented the Report on the activity carried out in 2021, the president of the AGCM then provided the figures on the sanctions imposed and on the proceedings closed with commitments or filed following moral suasion and intervened on the liberalization of the energy which must be completed within the deadline, without further extensions.
COMPETITION, SANCTIONS FROM THE ANTITRUST FOR MORE THAN 1.4 BILLION. IN 5 YEARS BENEFITS TO COMPANIES AND CONSUMERS FOR 5 BILLION
Turning to the figures, from 1 January 2021 to 30 June 2022 the Authority imposed sanctions on the protection of competition for over 1.4 billion euros and examined 123 transactions involving concentrations, starting the investigation in 8 potentially cases problematic. It also concluded 13 investigations on agreements and 11 on abuses, defining 11 proceedings with ascertainment of the offense and 10 with acceptance of the commitments. "The data show that, when the conditions are met – underlined Rustichelli -, the Authority adopts negotiating measures that allow a more efficient use of resources, favor the deflation of litigation and above all promote a virtuous behavior model on the part of the companies, which improves their reputation and relationship with consumers ".
The Antitrust Report also shows that, according to an estimate made on the basis of the methodology suggested by the OECD, the interventions carried out by the Antitrust Authority between 2015 and 2020 have generated benefits in favor of companies and consumers in excess of 5 billion euros.
CONSUMER PROTECTION, SANCTIONS FOR 100 MILLION AND RESTAURANTS FOR MORE THAN 23 MILLION
Also between January 2021 and June 2022 regarding consumer protection, 57 proceedings were concluded with verification of the infringement and 45 with acceptance of the commitments. The total of the sanctions imposed amounts to 100 million euros. Furthermore, there were 119 dismissals following interventions of moral suasion.
During the presentation speech of the 2022 Report, Rustichelli reported that in 70% of the cases closed with commitments, the latter provided for compensatory measures which – according to widely prudential estimates – benefited over 190 thousand consumers for a total amount returned exceeding 23 million euros. . In a broader timeframe, on the other hand, between 2019 and mid-2022, the total amount of reimbursements amounted to over 35 million euros, which benefited more than 600 thousand consumers.
ENERGY, FORWARD WITH THE LIBERALIZATION OF THE MARKET
Returning to the issues dealt with by the Antitrust President during the presentation of the Annual Report, Piazza Verdi's great attention to the energy sector is confirmed. In particular, Rustichelli reiterated – as it has already done on other occasions, for example in March 2021 when thenotification on competition was sent to Palazzo Chigi – the need to conclude the liberalization process of the energy markets within the set deadlines, avoiding further extensions. "The Authority – said the magistrate who leads the Collegio di Piazza Verdi – has repeatedly reiterated that the advantages of liberalization for end consumers, also in terms of lower prices and consequent savings, can only fully unfold in a context of effective competition between operators. At the same time, only if consumers are aware and active in choosing the most convenient offers on the market can real competitive dynamics be triggered ".
Precisely in this context, during the past year, the Antitrust Authority concluded 13 investigations, carried out 14 moral suasions and initiated another 7 proceedings on the methods of presenting incomplete and transparent economic conditions of offers on the free market and on the application of charges. improper and hidden costs.
It should be remembered that in recent months the AGCM has initiated an investigation for an unfair commercial practice against some companies supplying teleselling services in the context of transition to the free market. Precisely the increase in cases of this kind has led the Antitrust to carry out a communication campaign together with Arera (Regulatory Authority for Energy, Networks and the Environment) to help consumers defend themselves from incorrect call centers.
THE BENEFITS OF ENVIRONMENTAL SUSTAINABILITY FOR BUSINESSES AND CONSUMERS
In relation to both competition and consumer protection, there is also an appeal for greater attention to environmental sustainability. "The epochal transformation towards greater environmental sustainability if, on the one hand, constitutes a formidable challenge, on the other hand it also represents an extraordinary competitive opportunity for companies, for the benefit of consumers and the entire community" specified Rustichelli according to which " competition, stimulated by the growing sensitivity of consumers towards environmental protection and the fight against climate change, offers an important boost towards greater environmental sustainability of economic activities ”.
Not only that: "It is essential that consumers' purchasing choices are free and that clear, correct and verifiable advertising messages are conveyed to them on the 'green' characteristics of goods and services". For this reason, the Authority was very interested “in the urban waste management chains and, in particular, in the recovery and recycling services. It also conducted an in-depth investigation in the sector of infrastructures for electric mobility and authorized, without conditions, a concentration operation between the company Enel X and the Volkswagen group ”.
ANTITRUST AND LEGISLATIVE CHANGES
Finally, the president of the Competition and Market Authority wished to say a few words about the changes in the law to strengthen "also the tools and powers of intervention of the Authority". In particular the law n. 238 of 2021, filling a gap in the legal system, attributed to the Antitrust "in the matter of ascertaining and sanctioning unfair clauses in contracts with consumers" the same powers already provided for the repression of unfair commercial practices.
"The Authority looks favorably on this 'modernization' both of the application tools of competition law and of those for consumer protection – underlined Rustichelli -, since they will allow the Institution to adapt the preliminary activity to the evolution of the economic context and technological. I believe it is important – he concluded – to acknowledge to Parliament and the Government that they have always preserved the value of the Authority's independence as an essential distinctive feature and an authentic key to the Institution's success in over thirty years of activity ”.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/tutte-le-benefiche-bordate-antitrust/ on Mon, 18 Jul 2022 10:33:33 +0000.