The Italian Supreme Administrative Court upholds the NCA’s decision fining leader in construction markets for abuse of a dominant position on the market for plasterboard (Saint Gobain)

With its judgment of 12 February 2013 [1], the Italian Supreme Administrative Court (Consiglio di Stato) upheld the judgment [2] of the Italian Administrative Court of First Instance (TAR Lazio) confirming the 2010 decision [3] of the Italian Competition Authority (ICA) fining Saint Gobain Ppc Italia S.p.A. (Saint Gobain) € 2,165,787 for a violation of Art. 102 TFEU in the plasterboard market. Factual background By a decision dated 30 June 2010, the ICA fined Saint Gobain for having abused its dominant position on the market for plasterboard in the macro-area of centre-north of Italy, south-east of France, part of Switzerland and the far west of Austria, in particular by adopting a complex strategy aimed at excluding (or at least hindering and delaying) the entry of its potential

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Authors

  • Covington & Burling (Brussels)
  • University Bocconi (Milan)

Quotation

Andrea Zulli, Elisabetta Grassi, The Italian Supreme Administrative Court upholds the NCA’s decision fining leader in construction markets for abuse of a dominant position on the market for plasterboard (Saint Gobain), 12 February 2013, e-Competitions Bulletin February 2013, Art. N° 52741

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