On October 4, 2021, the Italian Supreme Court (the “Supreme Court”)[1] confirmed a judgment of the Florence Court of Appeal, which had upheld the damages claim of Pace Strade s.r.l. (“Pace Strade”) against Toscana Energia S.p.A. (“Toscana Energia”).
The ICA Accepts Commitments by Ania in Relation to an “Anti-fraud Project” in Life and Non-life Insurance
On September 21, 2021, the ICA accepted and made binding the commitments offered by the Italian National Association of Insurance Companies (the Associazione Nazionale fra le Imprese Assicuratrici or “ANIA”) regarding the implementation of its “anti-fraud project” in life and non-life insurance (the “Project”).[1]
The ICA Fines a Milan Radio Taxi Company for Non-compliance With a Previous Infringement Decision
In a decision issued on September 21, 2021,[1] the ICA fined Yellow Tax Multiservice S.r.l. (“Yellow Tax”) for non-compliance with a previous decision finding an infringement of Article 101 TFEU.
The Milan Court of Appeals Dismisses an Appeal in an Action for Damages for Alleged Abuse of Dominant Position and Abuse of Economic Dependence in the Audiovisual Sector
On September 21, 2021, the Milan Court of Appeal dismissed an appeal filed by Digital World Television (“DWT” or “Appellant”),[1] a company active in the distribution of audiovisual programs for adults, against the judgment delivered in 2019 by the lower court, which had also dismissed DWT’s claims for damages against Sky Italia (“Sky” or the “Defendant”) for an alleged abuse of dominant position and/or abuse of economic dependence.[2]
TAR Lazio Annuls ICA Decision Fining Vodafone in the Amount of €5.8 Million for Abuse of Dominance
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]
The TAR Lazio Upholds an ICA Interim Cease and Desist Order Against National Associations in the Cinema Sector
On September 7, 2021, the TAR Lazio rejected the applications brought by associations of undertakings Anica, Anec and Anec Lazio (jointly the “Applicants”),[1] representing the Italian film and audiovisual industry, for the annulment of a decision in which the ICA imposed an interim cease and desist order in proceedings concerning an alleged anticompetitive conduct in relation to free outdoor film screenings.[2]
Council of State Upholds a Tar Lazio Judgment Annulling the ICA Decision Concerning the Helicopter Transport Services Cartel
On September 6, 2021, the Council of State dismissed an appeal brought by the ICA[1] against a TAR Lazio judgment[2] that annulled an ICA decision[3] concerning the parent company – AIRI S.r.l.(the “Parent”) and its subsidiary Air Company S.r.l. (the “Subsidiary”, together, the “Parties”) – accused of participating in a cartel regarding helicopter transport services.
The Council of State Reaffirms Its Position Concerning the Assessment of the “Value of Sales” and the “Entry Fee” in Calculating the Fines for a Bid Rigging Case
The Council of State Further Upholds an Ica Decision Concerning a Cartel in Helicopter Transport Services
Between August 18 and August 23, the Council of State rejected the separate appeals filed by Babcock Mission Critical Services International S.A. (“Babcock International”), Heliwest S.r.l. (“Heliwest”), Elitellina S.r.l. (“Elitellina”), Eliossola S.r.l. (“Eliossola”) and Associazione Elicotteristica Italiana (“AEI” and, jointly with Babcock International, Heliwest, Elitellina and Eliossola, the “Parties”) against judgments issued by the Regional Administrative Tribunal of Lazio (“TAR Lazio”), which had confirmed a 2019 ICA decision.
TAR Lazio Confirms ICA Decision Fining Several Companies for Bid-rigging in Private Security Services Sector in Italy
On July 22, 2021, the TAR Lazio dismissed in full the applications filed by Coopservice s.coop.p.a. (“Coopservice”), Allsystem s.p.a. (“Allsystem”), Istituti di Vigilanza Riuniti s.p.a. (“IVRI”) and its parent company Biks Group s.p.a. (“Biks”), Italpol Vigilanza s.r.l. (“Italpol”) and its parent company MC Holding s.r.l. (“MC Holding”), as well as Sicuritalia s.p.a. (“Sicuritalia”) and its parent company Lomafin SGH s.p.a. (“Lomafin”; collectively, the “Parties”) for annulment of the 2019 decision adopted by the ICA in Case I821 (the “Decision”).[1]