AGCM fines Enel X over €2.3 million: abuse of dominant position found in the electric charging market. The complainant Route220 was assisted by the law firm De Berti Jacchia
The decision confirms the importance of interoperability and equal access to electric vehicle charging infrastructure in a market that is strategic for the ecological transition.
The Italian Competition Authority (AGCM) has fined Enel X S.r.l. and Enel X Way Italia S.r.l. jointly for a total of €2,305,102.35, finding an anticompetitive conduct of margin compression (so-called margin squeeze) in the electric vehicle charging services market.
The proceedings originated from a complaint filed by Route220 S.r.l., a company active since 2014 in the electric mobility sector under its proprietary brand “evway,” a pioneer in Italy in promoting interoperable charging models. The company was assisted during the proceedings by the law firm De Berti Jacchia, with a team composed of lawyers Antonella Terranova and Ilaria Sgrilli, as well as Prof. Fabio Ferraro.
The sanctioned conduct consisted of Enel X applying wholesale (roaming) rates reserved for competing operators (Mobility Service Providers – MSPs) that were higher than the retail prices charged to final consumers through the Enel X Way app. The Authority found that this practice violated Article 102 of the TFEU by compressing competitors’ operating margins, thereby hindering their access to or permanence in the market under fair competitive conditions.
With decision no. 31646 of 29 July 2025, the AGCM found the violation and ordered Enel X and Enel X Way Italia to refrain from similar conduct in the future.
The decision falls within the new European regulatory framework established by Regulation (EU) 2023/1804 (AFIR), which entered into force on 12 October 2023 and has been applicable since 13 April 2024. The Regulation reinforces the principle of non-discrimination in access to charging infrastructure, confirming the central role of interoperability and competition in the transition to sustainable mobility.
“This AGCM decision represents an important precedent for safeguarding pluralism and fairness in digital and infrastructure markets,” said Prof. Fabio Ferraro of De Berti Jacchia.
“It is essential that operators, even in emerging sectors such as electromobility, can access essential infrastructure under fair and non-discriminatory conditions.”
“This case confirms the concrete relevance of the new AFIR Regulation and the impact of contractual practices between vertically integrated operators and independent competitors,” added lawyer Antonella Terranova, who handled the proceedings together with lawyer Ilaria Sgrilli.