On August 5, 2022, the Italian Parliament adopted Law No. 118, the “2021 Annual Competition Law” (the “ACL”). The ACL, which will enter into force on August 27, 2022, amends the Italian Competition Law (Law No. 287/90) in various respects.

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.

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]

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]

On February 28, 2022, the Regional Administrative Court for Latium (the “TAR Lazio”) rejected the appeal filed by TIM against the ICA’s decision that had imposed a fine of over €116 million imposed by the ICA in 2020 for an alleged abuse of dominant position in the wholesale and retail markets for broadband and ultra-broadband telecommunications services in Italy (the “Judgment”).[1]

In a series of non-final judgments, published between February 15 and 25, 2022 (the “Judgments”),[1] the Council of State upheld the appeals for revocation filed by Medicair Italia S.r.l., Medigas S.r.l., Linde Medicale S.r.l., Sapio Life S.r.l. and Vivisol S.r.l. (the “Parties”), as it found a number of material errors in certain previous judgments of the same court.[2]

On February 15, 2022, the Italian Competition Authority (the “ICA”) accepted the commitments proposed by Telecom Italia S.p.A. (“TIM”), Fastweb S.p.A. (“Fastweb”), FiberCop S.p.A. (“FiberCop”), Tiscali Italia S.p.A. (“Tiscali”), Teemo Bidco S.r.l. (“Teemo”) and KKR & Co. Inc. (“KKR” and, together with TIM, Fastweb, FiberCop, Tiscali and Teemo, the “Parties”) with respect to certain agreements concerning the creation of FiberCop and access to its infrastructure (the “Decision”).[1]