M2 Energy Pty Ltd trading as Dodo Power & Gas (Dodo)

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from M2 Energy Pty Ltd trading as Dodo Power & Gas (Dodo) in relation to Dodo failing to ensure its standing offers complied with the relevant price cap, failing to include information required under the Competition and Consumer (Industry Code – Electricity Retail) Regulations 2019 (the Code) in price change communications to customers and failing to keep records as required under the Code. 

Dodo is an electricity retailer operating in Australia and based in Melbourne, Victoria. Dodo is authorised under the National Energy Retail Law to sell electricity to residential and small business customers in New South Wales, South Australia and South East Queensland.

Conduct of Concern

The ACCC alleges that:

1. From 1 July 2022 until 31 May 2023 inclusive, Dodo priced two of its standing offers for supplying residential customers in the SA Power Networks distribution region above the relevant price cap for that day. In doing so, Dodo failed to ensure its standing offer prices for supplying residential customers complied with the relevant price cap in contravention of section 10(2) of the Code.
2. From 6 June 2023 to 22 June 2023 inclusive, Dodo sent price change communications to 52,014 small customers throughout New South Wales, South Australia and South East Queensland that did not contain information required by sections 12(3)(a)–(c) and (6)(b) of the Code in contravention of section 12(2) of the Code (Price Change Conduct). 
3. In respect of the Price Change Conduct, Dodo did not make a record of how it calculated or estimated the matters mentioned in sections 12(3)(a), (b) and (c) of the Code in relation to the offered prices, in breach of section 13A(2) of the Code.
4. Dodo contravened section 51ACB of the CCA by contravening an applicable industry code as described in 1-3 above.

In response to the ACCC’s concerns, Dodo has provided the ACCC with a section 87B undertaking in which it has admitted each of the above alleged conduct. In the undertaking, Dodo will:

• ensure the prices on its standing offers that are subject to section 10 of the Code comply with the price cap on that day in accordance with section 10(2) of the Code;
• when communicating offered prices to small customers pursuant to section 12(2A) of the Code, state all matters required by the Code, including those set out in sections 12(3) and 12(6);
• keep appropriate records of how it calculated or estimated the matters mentioned in sections 12(3)(a), (b) and (c) in accordance with the requirements of section 13A of the Code;
• establish and implement a Competition and Consumer Compliance Program (Compliance Program) in accordance with the requirements of the undertaking;
• maintain and continue to implement the Compliance Program for the term of the undertaking;
• respond to reasonable enquiries made by the ACCC within a reasonable period of time; and
• during the term of the undertaking, cause to be produced and provide to the ACCC copies of such documents in its power, possession or control evidencing Dodo’s compliance with the obligations set out in the undertaking.

On 19 June 2024, Dodo paid six infringement notices with a total penalty of $82,500, issued by the ACCC under section 51ACD(1) of the CCA.