The Italian Council of State rules on the issue of dominant firms’ duty to supply essential information beyond the requirements of sector regulation (Bayer)

Italy's highest administrative court handed down an important ruling on the issue of the dominant firms' duty under Article 102 TFEU to grant their competitors access to essential information when sector regulation encourages such a disclosure. By its judgment of 11 January 2013, no. 548 (the “BCS judgment”), the Italian Council of State court upheld the decision of the Italian Antitrust Authority (“IAA”) in the A415 - Sapec Agro / Bayer-Helmcase [1], which had imposed a fine of over EUR 5 million on two companies of the Bayer Group, Bayer Cropscience AG and Bayer Cropscience Ltd (“BCS”). The Council of State, giving final judgment on the matter, reversed an earlier decision by the Latium Regional Administrative Court that had annulled the IAA Decision at first instance [2]. 1. The IAA

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  • University of Naples "Federico II"

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Amedeo Arena, The Italian Council of State rules on the issue of dominant firms’ duty to supply essential information beyond the requirements of sector regulation (Bayer), 29 January 2013, e-Competitions Bulletin January 2013, Art. N° 51786

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