The Italian Competition Authority fines a producer of renewable energy for a breach of disclosure duty (ERG)

On the 22nd of October 2013, the Italian Competition Authority (the “Authority”) opened an investigation against ERG S.p.A. for a breach of disclosure duty in accordance with section 3 (1) of Legislative Decree 13 August 2010, n. 130, relating to incentives of competition for the natural gas market “Misure per la maggiore concorrenzialità nel mercato del gas naturale ed il trasferimento dei benefici risultanti ai clienti finali, ai sensi dell’art. 30, commi 6 e 7 della legge 23 luglio 2009, n. 99” (“D. Lgs. 130/2010”). This case presents new features in regards to a sanction, which has been imposed for the first time by the Authority. However, as the Authority stated, this sanction might not constitute a precedent to be applied in analogous cases. Background On the 18th of June 2013