On December 20, 2018, the Italian Competition Authority (“ICA”) fined Enel, a multinational energy company active, among other things, in the distribution and sale of electricity in Italy, over €93 million for abusing its dominant position on certain local markets for the retail supply of electricity.[1] On the same day, the ICA issued two decisions in parallel cases concerning similar allegations against two other companies.[2]
The CNMC Closes an Abuse of Dominance Case against Oracle for the Second Time following a Judgment of the Spanish Supreme Court Clarifying the Scope of Judicial Review of Competition Cases by Limiting Lower Court’s Ability to Substitute the CNMC’s Reasoning with the Court’s Own
On April 10, 2018, the Spanish Supreme Court annulled a judgment of the Spanish High Court, finding an abuse of dominance in a case against Oracle where the Spanish Competition Authority (“CNMC”) had found no infringement.[1] The Supreme Court clarified the scope of whether it was appropriate for the High Court to impose its own reasoning on the CNMC by mandating that it accept the High Court’s view of the facts and law.