On December 23, 2019, the Council of State upheld the appeals brought by TIM and a number of firms active in the provision of corrective maintenance services for its electronic communications networks (the “Maintenance Firms”)against the judgments of the TAR Lazio that had confirmed the ICA’s decision finding an anticompetitive agreement in the market for the above-mentioned services.[1]
The Council of State Orders the ICA to Refund the Fine Imposed on a Non-appellant Firm Following the Annulment of the Decision Finding an Infringement
The Council of State ordered the ICA to refund a cartel fine imposed on Hapag Lloyd Italy S.r.l. (“Hapag Lloyd”), after the underlying infringement decision was overturned based on appeals brought by other cartelists.[1]
The Court of Milan Dismisses a Follow-on Action for Damages Brought Against the Incumbent in the Italian Electronic Communications Sector
On December 18, 2019, the Court of Milan rejected an action for damages brought by Enter S.r.l. (“Enter”) against Telecom Italia S.p.A. (“TIM”) in follow-on litigation for an alleged abuse of dominance in the provision of wholesale access services, which had been established and fined by the Italian Competition Authority (the “ICA”) in 2013.[1]
Council of State Reduces Fine in Cement Cartels Case
On November 29, 2019, the Council of State partially annulled[1] a judgment delivered by the TAR Lazio in 2018[2], which had upheld the ICA’s decision to impose on Holcim Italia S.p.A. (“Holcim”) a fine amounting to €2, 381,252 for participating in a price-fixing cartel concerning the Italian cement market.[3]
The ICA Fines Bid-Rigging Practices in the Private Security Services Sector in Italy
On November 12, 2019, the ICA issued a decision finding that Coopservice S.Coop.p.A. (“Coopservice”), Allsystem S.p.A. (“Allsystem”), Istituti di Vigilanza Riuniti S.p.A. (“IVRI”) and its parent companies Skibs S.r.l. (“Skibs”) and Gruppo Biks S.p.A. (“Biks”), Italpol Vigilanza S.r.l. (“Italpol”) and its parent company MC Holding S.r.l. (“MC Holding”), Sicuritalia S.p.A. (“Sicuritalia”) and its parent company Lomafin SGH S.p.A. (“Lomafin”) participated in a cartel affecting the outcome of several open tender procedures for the provision of private security services, launched by contracting authorities located in the regions of Lombardia, Emilia Romagna and Lazio between 2013 and 2017.[1]
Commission Investigates Retail Grocery Sector In France
On November 3, 2019, the Commission opened a formal investigation of potential anticompetitive coordination between two French supermarket chains, Casino and Intermarché. The Commission suspects that the parties’ 2014 joint purchasing alliance, Intermarché-Casino Achats, might have led to them colluding in certain downstream markets, in particular on the development of shop networks and consumer pricing.[1] The Commission’s decision to open an investigation follows the dawn raids that it carried out in May 2019 in cooperation with the French Competition Authority, as reported in our May EU Competition Law Newsletter.
ICA Imposes Interim Measures in Abuse of Dominance Case in Market for Management of Plastic Waste Recycling Services
On October 29, 2019, the Italian Competition Authority (the “ICA”) issued a decision (the “Decision”)[1] imposing interim measures on the Italian Consortium for the Collection, Recycling and Recovery of Plastic Packaging (“COREPLA”) in the framework of the investigation it opened six months earlier into COREPLA’s alleged abuse of dominant position in the market for management of plastic waste recycling services. According to the ICA, the interim measures will prevent serious and irreparable harm to competition likely to be caused by COREPLA’s conduct, which prima facie constitutes an infringement of Article 102 TFEU.
The TAR Lazio Reviews ICA Decisions on Alleged Abuses of Dominant Position in the Retail Supply of Electricity
On October 17, 2019, the Regional Administrative Tribunal for Latium (the “TAR Lazio”) ruled on appeals by companies belonging to the Enel and Acea groups, two major energy firms active, among others, in the distribution and sale of electricity in Italy, against Italian Competition Authority (“ICA”)’s decisions finding that the two incumbents had abused their dominant position in local markets for retail electricity supply.[1]
The ICA Fines the Italian Federation of Equestrian Sports for Non-Compliance With Commitments and Alleged Abuse of Dominance
On October 8, 2019, the ICA found that the Italian Federation of Equestrian Sports (“FISE”) had (i) breached the commitments it offered in 2011, and (ii) abused its dominant position in the market for the organization of events and horse races having a professional, amateur or recreational nature, with a view to restricting the activities of amateur operators (or sports promotion bodies).[1]
The Court of Salerno Declares Null and Void in Its Entirety a Guarantee Agreement Containing Clauses From an Anticompetitive Form
On October 2, 2019, the Court of Salerno declared null and void in its entirety a guarantee agreement containing standard clauses based on a form by the Italian Banking Association (the “ABI”), which had been held anticompetitive by a decision of the Bank of Italy.[1]