August delivered a watershed moment for competition in European EV charging. The Italian Antitrust Authority fined Enel’s EV charging businesses over €2 million for abusing their dominant market position through margin squeeze pricing — the first time a national competition authority has taken decisive enforcement action against discriminatory pricing practices in the sector. The ruling serves as a powerful precedent that regulators are not waiting for markets to mature before enforcing fair competition.
Meanwhile, Portugal formally enacted the Legal Regime for Electric Mobility, completing the market liberalisation we first covered in March and bringing the country fully in line with AFIR. Across the Atlantic, the US Department of Transportation published new NEVI guidance that fundamentally reshapes the programme — removing the strict 50-mile spacing rule, expanding eligibility to heavy-duty charging, and unfreezing FY22–26 funds. And California’s final reliability report delivered a notable change from earlier drafts by dropping the Successful Charge Attempt Rate metric entirely.
Here’s what changed in August and what it means for your operations.
Regulatory developments
Italian antitrust authority fines Enel X over €2 million for margin squeeze in EV charging
For the first time, a national antitrust authority in Europe has taken enforcement action against discriminatory pricing in EV charging. The Italian Antitrust Authority (AGCM) found that Enel’s EV charging businesses (Enel X/Enel X Way) abused their dominant market position through a practice known as margin squeeze — charging wholesale prices to competing E-Mobility Service Providers that were so high it was impossible for them to compete profitably with Enel’s own retail prices offered to end-users.
The case, originally raised by Route220 (evway), was built on Enel’s market dominance: approximately 50% share for low-power infrastructure and over 40% for high-power infrastructure at national level, combined with its position as a historical incumbent in the electricity sector. The AGCM explicitly found this to constitute abuse of dominant position that could harm market development and effective competition.
The ruling effectively punishes the exact kind of discriminatory pricing behaviour that AFIR is designed to prevent, and it sends a clear signal that enforcement is not waiting for regulatory frameworks to fully mature. Similar concerns have already been raised in Germany, the Netherlands, and Denmark, making it highly likely that this is the beginning of a broader enforcement trend across Europe.
What this means for operators:
- CPOs and EMSPs should re-evaluate their pricing strategies now to ensure they are transparent, non-discriminatory, and defensible under competition law — waiting for a formal complaint is not a viable strategy
- The margin squeeze test is straightforward: if your wholesale price to competing EMSPs makes it impossible for them to offer competitive retail prices, you are exposed to antitrust risk regardless of your market share
- Operators with significant market share in any national market should conduct internal pricing audits and document the commercial rationale for wholesale-retail price differentials
- This ruling strengthens the business case for transparent, AFIR-compliant pricing models — operators who adopt them proactively will be better positioned as enforcement activity increases
Portugal formally enacts the Legal Regime for Electric Mobility
On July 31, the Portuguese Council of Ministers approved the RJME (Regime Jurídico da Mobilidade Elétrica), formally enacted through Decree-Law No. 93/2025 of August 14. This completes the market liberalisation we first reported in March, bringing Portugal fully in line with AFIR while going further in several areas.
The reform introduces five fundamental changes. Mandatory long-term contracts between drivers and mobility service providers are eliminated, forcing CPOs and MSPs to compete on service quality and pricing rather than contractual lock-in. Direct payment options are now required — bank card acceptance for stations at 50 kW or above, and digital alternatives such as QR codes or app-based payment for stations below 50 kW. Price transparency mandates require CPOs to display the final €/kWh price including taxes at the point of sale, with other pricing models permitted only as secondary information. Mobi.E participation is now voluntary rather than mandatory, allowing CPOs and MSPs to operate independently through private roaming hubs. And licensing for new charging points has been replaced by a prior notification regime, significantly reducing administrative lead times.
The sanctions framework is meaningful: fines range from €2,500 to €20,000 for serious infringements and €10,000 to €44,891 for very serious infringements, with accessory penalties including suspension, licence revocation, and public notice. A transitional period runs until December 31, 2026, during which Mobi.E continues to serve as a default data aggregator while operators adapt.
What this means for operators:
- Portugal is now one of Europe’s most open and competitive charging markets — the combination of voluntary platform participation, simplified deployment licensing, and strong transparency requirements creates favourable conditions for new market entrants
- The requirement for card payments at 50 kW+ stations goes beyond AFIR and may require hardware upgrades for operators with existing infrastructure in Portugal
- The transitional period through December 2026 provides time to adapt, but operators who move early to comply will differentiate themselves as reliable and transparent providers
- The RJME’s approach — particularly on platform deregulation and payment harmonisation — could serve as a model for other EU Member States considering similar reforms
Radio Equipment Directive now in force for internet-connected EV chargers
As of August 1, 2025, the Radio Equipment Directive delegated acts we covered in June are now legally enforceable. EV chargers with Wi-Fi or Bluetooth functionality must comply with RED Article 3(3)(d)-(f), covering network protection, data privacy, and fraud prevention. All newly placed EVSE units on the EU market must demonstrate conformity through CE marking and EN 18031 standards compliance.
CPOs should have completed fleet audits and procurement updates by now. Those who haven’t should treat this as an urgent priority — non-compliance results in restricted EU market access. CPMS providers remain relevant where their software is embedded in or bundled with radio-enabled EVSE, requiring secure communication, privacy features, and lifecycle management aligned with EN 18031 standards.
California drops SCAR metric from final reliability framework
The California Energy Commission released its final staff report on EV charger reliability, proposing regulations that refine the framework we outlined in June. The most significant change from earlier drafts is the removal of the Successful Charge Attempt Rate (SCAR) metric and its associated 90% requirement — a notable departure from what had been proposed.
The final framework retains three core pillars. Mandatory data reporting requires entities to report on the number, location, and reliability of EV charging ports statewide. The 97% DCFC uptime standard requires publicly or ratepayer-funded DC fast chargers installed after January 1, 2024 to maintain a 97% minimum annual average uptime, aligned with federal NEVI requirements. And real-time data sharing mandates that networked, publicly funded chargers share availability, accessibility, and pricing data with third-party developers via API.
AMPECO’s regulatory team submitted a public comment to the CEC supporting the establishment of reliability standards for publicly funded infrastructure, and the final report reflects the industry’s input. The CEC plans to use collected data for biennial reliability reports and intends to publicly rank major charging networks’ performance.
What this means for operators:
- The removal of the SCAR metric reduces compliance complexity, but the 97% uptime standard remains demanding and requires robust remote monitoring, rapid response protocols, and predictive maintenance capabilities
- Real-time data sharing via API creates new transparency obligations — operators should ensure their CPMS platforms can deliver availability, accessibility, and pricing data to third-party developers
- The CEC’s intent to publicly rank network reliability adds reputational stakes beyond regulatory compliance — poor performance will be visible to the market
US NEVI guidance published as funding freeze lifts
On August 11, the US Department of Transportation released updated interim final guidance for the NEVI Programme, replacing all prior guidance and unfreezing FY22–26 funds that had been on hold since February. This is the resolution of the funding freeze story we’ve tracked since January, through April’s Capitol Hill advocacy and July’s court ruling.
The new guidance introduces several significant changes. The strict 50-mile spacing rule has been removed, granting states greater discretion in site selection and encouraging projects where operators are also site hosts. Eligibility now extends to medium- and heavy-duty charging infrastructure and station upgrades. Certification has been simplified, and broader use of discretionary funds outside Alternative Fuel Corridors is permitted. States must resubmit updated NEVI plans by September 12, 2025, addressing fund usage, community engagement, and physical and cybersecurity strategies. Core requirements remain: four 150 kW ports per site and quarterly EV-ChART reporting.
What this means for operators:
- The removal of the 50-mile spacing rule is the most operationally significant change — it allows states to prioritise high-demand locations over geographic coverage mandates, improving site-level economics
- MHD charging eligibility opens NEVI to an entirely new use case — operators with heavy-duty capabilities should engage state DOTs immediately
- The September 12 deadline for state plan resubmission is tight — operators with NEVI-dependent projects should coordinate with their state DOTs now to ensure projects are included in revised plans
- The operator-as-site-host encouragement signals a policy preference for vertically integrated deployment models
Funding and incentive updates
Norway’s Norgespris scheme creates opportunities for residential charging
Starting October 2025, Norway will implement Norgespris — a fixed-price electricity scheme offering 40 øre/kWh (excluding VAT) for up to 5,000 kWh/month per metering point. While primarily targeting households and holiday homes, housing associations may benefit if EV chargers are linked to residential meters, though separate charger meters are not explicitly eligible and require confirmation from local grid operators.
The scheme complements the existing Strømstøtte subsidy, expanded through end of 2025, which provides 90% compensation above 87.5 øre/kWh for household electricity. Legally, residents with parking rights are entitled to install chargers under Norwegian housing law, with boards able to deny requests only on objective technical grounds.
What this means for operators:
- CPOs targeting Norwegian residential and housing association markets should understand the interaction between Norgespris eligibility, metering configurations, and housing governance frameworks
- Early coordination with housing boards and grid operators is essential — the opportunity exists but requires alignment with subsidy rules and residential metering infrastructure
Croatia launches €21.2 million EV subsidy programme for companies
The Croatian State Fund for Environmental Protection and Energy Efficiency has launched programme EnU-4/25, allocating €21.2 million to support zero- and low-emission vehicle acquisition by commercial entities. Subsidies range from €2,500 to €9,000 per vehicle or up to 40% of purchase price, with a maximum of €90,000 per beneficiary. Eligible vehicles include passenger cars, vans, mopeds, buses, and trucks, including hydrogen models. Purchases are eligible from August 8, 2025, with funding open until May 31, 2026.
While the programme targets vehicle acquisition rather than infrastructure directly, the inclusion of M2/M3 buses and N2/N3 trucks signals government support for high-power charging and creates immediate demand for depot and workplace charging that CPOs can capture.
Key dates and deadlines
- September 12, 2025: Deadline for states to resubmit updated NEVI plans
- September 29, 2025: Wallonia concession submission deadline
- October 2025: Norway Norgespris scheme launches
- January 1, 2026: California 97% uptime mandate takes effect
- January 8, 2026: ISO 15118-2 compliance required for newly installed public chargers
- December 31, 2026: Portugal RJME transitional period ends
- January 1, 2027: ISO 15118-20 compliance required for new public and private chargers
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