The Italian Supreme Court confirms a rejection of damages claim for alleged abuse of collective dominance (Delta Impianti)

On 5 March 2014, the Italian Supreme Court upheld a judgment of the Court of Appeals of Catania, dated 2 May 2006, [1] which rejected a damages claim for alleged abuse of collective dominance consisting in the imposition of unfair prices and other trading conditions, as well as in discriminatory conduct. [2] In 1997, Delta Impianti S.r.l. (“Delta”), a company operating in installation, repair and maintenance of electrical systems in industrial plants, brought an action for damages against four chemicals companies, claiming that they abused their collective dominant position. The defendants were all part of the Eni group and, since 1978, had entered into repair and maintenance agreements with Delta, for the maintenance of the electrical systems of their

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  • Cleary Gottlieb Steen & Hamilton (Rome)

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Philippe Croene, The Italian Supreme Court confirms a rejection of damages claim for alleged abuse of collective dominance (Delta Impianti), 5 March 2014, e-Competitions Bulletin Economic assessment of damages, Art. N° 67173

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