Further to a complaint reported by a consumers' association and by several consumers, on 15 July 2010 the Italian Competition Authority decided to start investigation proceedings against the defendant, an energy company. The proceedings concerned the alleged unfairness of the commercial practice consisting of concluding and activating electricity and gas supply contracts.
The plaintiff claimed (and it was established) that the defendant omitted material information allowing the consumer to take an informed transactional decision as information was omitted concerning the terms and conditions of the contract and the identification of the trader. According to the plaintiff, defendant's agents did not identify themselves as agents of the defendant, thus leaving the consumers unaware of the defendant's identity.
Next, it was established that in some cases, the defendant activated contracts with consumers who had not consented with the conclusion of the contract. It was established that in some cases, the defendant had falsified consumer signatures.