On April 11, 2022,[1] the TAR Lazio annulled an ICA decision finding that Telecom Italia S.p.A. (“Tim”) had infringed Article 102 TFEU for allegedly abusing its dominant position in the market for Short Message Service (“SMS”) termination (the “Decision”).[2] The Court followed the same reasoning as that set out in its September 2021 judgment, in which it overturned the €5.7 million fine imposed by the ICA on Vodafone Italia S.p.A. (“Vodafone”) in a parallel decision. Continue Reading TAR Lazio Annuls ICA Decision Fining Telecom Italia €3.7 Million for Alleged Abuse of Dominance

On February 1, 2022, the ICA imposed a fine of approximately €10 million on G2 Misuratori S.r.l., Maddalena S.p.A., Itron Italia S.p.A., Sensus Italia S.r.l. and WaterTech S.p.A. (the “Companies”) for having participated, between December 2011 and September 2019, in an agreement restricting competition in at least 161 public tenders launched by national integrated water service operators for the procurement of meters for the legal measurement of water consumption. Continue Reading The ICA Fines Water Meter Suppliers €10.4 Million for Bid-rigging

On September 15, 2021, the TAR Lazio annulled the ICA decision finding telecom operator Vodafone Italia S.p.A. (“Vodafone”) in breach of Article 102 TFEU for allegedly abusing its dominance in the market for Short Message Service (“SMS”) termination.[1] Continue Reading TAR Lazio Annuls ICA Decision Fining Vodafone in the Amount of €5.8 Million for Abuse of Dominance

On 7 June 2021, the CAT ruled on the preliminary issue of whether English or Italian law governs claims made by claimant companies incorporated in Italy (the Italian Claimants). The broader claim relates to an Article 101 TFEU infringement decision concerning default multilateral interchange fees (MIFs) set by Mastercard and Visa. Continue Reading Westover Ltd v Mastercard Inc.

On June 11, 2019, Nustay, a Danish online booking agency, filed a complaint with the Commission against Expedia and Booking.com, alleging a breach of Articles 101 and 102 TFEU. The complaint centers on parity clauses in online hotel booking. In 2015, both Expedia and Booking.com agreed with the Danish Competition Authority to remove wide price-parity clauses from their contracts with hotels.[1] Nustay alleges that these two companies have de facto re-introduced these clauses through certain commercial practices. Continue Reading Complaint Against booking.com and Expedia Brings Hotel Parity Clauses to the Commission’s Docket

The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for having charged excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”). Continue Reading The Italian Competition Authority Fines Ferry Operator For Excessive Pricing

On April 26, 2022, the Italian Supreme Court confirmed a judgment of the Milan Court of Appeal, which had upheld the damages claim brought by Teleunit S.p.A. (“Teleunit”) against Telecom Italia S.p.A. (“Tim”)[1]. Continue Reading Italian Supreme Court Ruling on Follow-on Action Regarding Telecom Italia’s Alleged Abuse on the Market for Wholesale Termination Services

The Regional Administrative Court of Lazio, Italy (the “TAR Lazio”), annulled a decision by which in 2020 the Italian Competition Authority (the “ICA”) had imposed a fine on CTS Eventim-TicketOne Group (“TicketOne”) for allegedly abusing its dominant position in the Italian market for the sale of tickets for pop and rock music concerts.[1] Continue Reading A Completed Merger Cannot Be Considered as Part of an Abusive Strategy in the Framework of a Later Article 102 Decision

The Italian Competition Authority (the “ICA”) fined ferry operator Caronte & Tourist (“C&T”) €3.7 million for charging allegedly excessive prices on a ferry transportation route between Sicily and Calabria between 2017 and 2019 (the “Decision”).[1] Continue Reading The Italian Competition Authority Fines Ferry Operator for Alleged Excessive Pricing

On March 15, 2022, the ICA imposed fines of over €90 million on the associations of undertakings Anica, Anec and Anec Lazio, representing the Italian film and audiovisual industry as well as companies managing cinemas in Italy (jointly the “Associations”), for an alleged collective boycott infringing Article 101 TFEU.[1] Continue Reading ICA Fines Three Associations of Undertakings in the Italian Cinematographic Industry for Alleged Collective Boycott Against Companies Organizing Outdoor Free Film Screenings