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]
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.
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]
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]
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]
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.
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.
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]
On July 13, 2021, the TAR Lazio dismissed the application for annulment of a 2019 decision of the ICA (the “Decision”) lodged by the Italian Equestrian Sport Federation (“FISE”).[1]