The EU Court of Justice AG Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position (Enel)

Advocate General Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position* An incumbent operator may adopt practices aimed at retaining its customers, even in the context of a liberalisation process, but must not resort to practices which, by exploiting the advantages stemming from the statutory monopoly, are capable of producing exclusionary effects on new competitors considered to be as efficient. The case has been brought in the context of the liberalisation of the market for the retail supply of electricity in Italy. ENEL SpA, a vertically integrated undertaking which holds a monopoly in energy production in Italy and is also active in the distribution segment, underwent an unbundling process in order to ensure transparent and