On January 14, 2019, the Council of State confirmed the first-instance court judgment and thus annulled the ICA decision,[1] which had fined four companies for bid rigging conduct in the magnetic resonance devices for healthcare facilities sector.[2] According to the Council of State, the ICA wrongly found an infringement of Article 101 TFEU, as the parties had not exchanged any sensitive information. Moreover, the Council of State, upholding the first-instance judgment, ruled out the possibility to identify a relevant market in the case at issue, since the tender concerned a very limited portion of the Italian market.

[1]              Gara d’appalto per la sanità per le apparecchiature per la risonanza magnetica (Case I729), ICA, decision of August 4, 2011.

[2]              Council of State, judgment No. 318/2019.