Fuel prices, because the Antitrust is frustrating Eni, Esso, IP, Q8 and Tamoil
The Antitrust has launched proceedings against Eni, Esso, IP, Q8 and Tamoil for alleged infringements on fuel prices. Here are details and reactions
Antitrust action on petrol pumps.
The Antitrust Authority, with the help of the Special Antitrust Unit of the Guardia di Finanza, carried out inspections at the premises of the companies Eni Spa, Esso Italiana Srl, Italiana Petroli Spa, Kuwait Petroleum Italia Spa and Tamoil Italia Spa. A note communicates it.
ANTITRUST-FINANCE GUARD COLLABORATION
The proceedings were also initiated on the basis of the documentation promptly provided by the Guardia di Finanza regarding the infringements ascertained on the prices of fuel charged by over a thousand petrol stations (ENI 376 trademark, ESSO 40 trademark, IP 383 trademark, Kuwait 175 trademark, TAMOIL 48) distributed throughout the national territory.
FAILURE TO CARRY OUT CHECKS ON THE NETWORK OF DISTRIBUTORS
The Antitrust has launched the investigations as the documentation and data transmitted by the GdF would reveal conducts by the oil companies attributable to the omitted diligence on controls with respect to the network of distributors, in violation of art. 20 of the Consumer Code.
DIFFERENCES BETWEEN ADVERTISED AND APPLIED PRICES
In many cases there was a discrepancy between the advertised price and the higher one actually applied; in others the omitted display of the price charged was found, or the omitted communication to the “Osservaprezzi Carburanti” portal, useful for the consumer to find the pump with the lowest price.
In particular, Eni, Esso, IP, Kuwait Petroleum Italia and Tamoil have not adopted suitable measures or initiatives to prevent and combat this illegal conduct to the detriment of consumers, the Antitrust clarified.
CODACONS: "GLAD THAT THE ANTITRUST HAS ACCEPTED OUR COMPLAINT"
“We are pleased that the Antitrust has accepted our complaint – explains the chairman Carlo Rienzi – The debate on petrol prices that has held ground in recent days was born precisely from the complaints of Codacons, the only association in Italy to have presented a series of exposed to prosecutors, the GdF and the Antitrust aimed precisely at ascertaining the existence of illegal conduct on the front of the price lists charged to motorists. We are now awaiting the results of the Authority's investigation and, if irregularities to the detriment of consumers are ascertained, we are ready to initiate the appropriate legal actions to protect the damaged users”, concludes Rienzi.
“FINALLY”, SAYS THE NATIONAL CONSUMER UNION
"It was time! Finally the Antitrust, which is not investigating the alleged speculation which later turned out to be false or collusive agreements, has decided to hypothesize that it is incorrect to communicate incorrect data to the ministry or, even worse, to put false displayed prices – says Massimiliano Dona, president of the National Consumers Union -. Considering that on 11 March 2022, 24 March 2022 and 8 April 2022 we had filed 3 complaints about the real speculations that took place in March with exactly this thesis, without having yet obtained any conviction after more than 10 months, we are pleased that now the 'Antitrust has finally reached our own conclusions. Better late than never! Dona continues.
"At the time, with prices that had reached an all-time record, we had attached the 8 o'clock price data communicated by the distributors to the Mise, now Mase, which showed that over 650 communications from the distributors were under 1.2 euros, prices clearly false, assuming that, in addition to there being a violation of art. 51 Law 99/2009, there was an unfair commercial practice, given that the prices are then advertised on the Observaprezzi fuels and that those incorrect data could mislead consumers. In fact, by law, a commercial practice that contains information that does not correspond to the truth, such as the price charged, is considered misleading. Now we hope this principle will be established, which in any case on Friday we asked Minister Urso to establish by law, inserting the violation of article 15 paragraph 5 of the Consumer Code which provides for the obligation for distributors to display visibly from the roadway road the prices charged for fuel, in the list of unfair practices” concludes Dona.
CONSUMERISM: GET CLARITY ABOUT PRODUCTION PRICES
“It has become quick these days to first shout at speculation on the part of the distributors/operators and then at the total responsibility of the dynamics linked to the tax component of fuels, while the oil companies as usual emerged from the debate unscathed. The truth is that fuel prices in Italy have long been subject to both fiscal oddities (if the price increases on the markets, the State also gains) and in terms of the misalignment between oil prices and pump prices. This is why in recent days we asked for clarity on the 'production price dynamics' and only the Antitrust can provide this clarity”. This was stated by Consumerismo No Profit, commenting on the investigation opened by the Competition Authority on the prices of petrol and diesel in Italy.
“Unfair competition, unfair commercial practices or dominant positions cannot be ascertained in a day, but they need painstaking work that we are sure the Antitrust will be able to do well – explains the president Luigi Gabriele – In the meantime we reiterate: if we want to bring down prices first of all we must reduce unnecessary consumption, and consumers can contribute drastically in this process. Let's remember how things went during the lockdowns: no private vehicles on the road, pump prices plummeted! Share the cars, walk on foot, use alternative means, and the price lists at the distributors will drop significantly” – concludes Gabriele.
THE ANSWERS OF ENI, Q8 AND UNEM
"We are fully collaborating with the Authority in the preliminary investigation, and we confirm the total correctness of our actions as well as that we have already adopted any contractual or operational measure against any improper behavior some time ago", commented Eni. While Q8 specified that «its work has always complied with full compliance with current legislation, including the discipline on competition and consumer protection, and with the highest standards of commercial ethics. As usual, the company is providing and will continue to provide maximum collaboration with the authorities, confident that the proceeding can clarify and confirm the correctness of the company's conduct in the shortest possible time".
Unem, the association that represents the main companies in the sector, is certain that «the deepening with the associated companies will allow us to understand the different and multiple contractual situations adopted by the companies and bring out the full correctness of the behavior of the same, which they have defined their contractual relationships with the other subjects of the supply chain involved precisely in compliance with the provisions adopted on the matter by the Guarantor Authority».
THE CRITICISM OF THE GOVERNMENT'S ASSOCIATIONS OF PETROL
Roberto Di Vincenzo, representative of petrol stations and president of Fegica, branded this situation as "ridiculous". The government – he explains – has recognized the correctness of the vast majority of service stations. But, at the same time, it unleashes financiers and Antitrust in the hunt for abuse.
Instead Bruno Bearzi, president of the Figisc, labels the Transparency decree of the Meloni government as "botched". In his opinion, the exposure of the regional average price – which the decree imposes – risks confusing motorists. And the sanctions against service stations that do not comply with the new transparency obligations would be "disproportionate". A fine of 6,000 euros, the gas station attendant repays on condition that he sells "180,000 liters of petrol, equal to 6 tank trucks". Even the mother of all fines – the suspension of up to 90 days – "is unacceptable".
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/antitrust-carburanti-eni-esso-tamoil-ip-kuwait/ on Tue, 17 Jan 2023 06:18:38 +0000.