The Milan Commercial Court rejects a damages claim of a telecommunication operator because of the limitation period (Uno Communication and Vodafone)

Introduction On the 3 April 2014, the Enterprises Court of Milan rejected the damages claim brought by Uno Communication against Vodafone because of expiry of the limitation period (5 years under Italian law). This case arose as a follow-on action from a decision of the Italian Competition Authority (hereinafter “ICA”) against Telecom Italia (Telecom), Wind and Vodafone. Penalties were imposed on Telecom and Wind, while the ICA accepted the commitments proposed by Vodafone on 24 May 2007. The investigation established various abuses of dominant position in the form of discriminatory practices on the market of the supply of wholesale termination services. The ICA investigation and decision In February 2005 the ICA started an investigation against Wind, Telecom and Vodafone for a

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Giovanni Scoccini, Francesco Bruno, The Milan Commercial Court rejects a damages claim of a telecommunication operator because of the limitation period (Uno Communication and Vodafone), 3 April 2014, e-Competitions Bulletin April 2014, Art. N° 71305

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