The Italian Supreme Administrative Court confirms a judgment of a regional court which reduces a fine imposed by the Competition Authority to an airport managing company for abuse of dominant position under art. 102 TFEU in the market of certain common and individual airport infrastructures (Società Esercizi Aeroportuali)

On the 22nd of September 2009 (case 9171/2009), the Regional Administrative Court (RAC) of Latium (Tribunale Amministrativo Regionale - TAR - del Lazio) partially upheld the appeal from SEA S.p.A. (SEA), the managing company of the airports of Milan Linate and Milan Malpensa, against a decision of the Italian Competition Authority (ICA) sanctioning the abuse of dominant position by SEA in the market of certain common and individual airport infrastructures. The ICA sanctioned SEA for excessive pricing on three markets, fixing a fine of € 1,549,000. SEA appealed this decision (appeal n° 1242/2009) arguing, inter alia, that the ICA did not consider mitigating circumstances and wrongly determined the amount of the fine. The RAC decided to reduce the fine by 30%. SEA appealed the judgment

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Authors

  • Luiss Guido Carli University (Rome)
  • Economisti Associati (Bologna)
  • Luiss Guido Carli University (Rome)

Quotation

Cesare Pozzi, Giacomo Luchetta, Felice Simonelli, The Italian Supreme Administrative Court confirms a judgment of a regional court which reduces a fine imposed by the Competition Authority to an airport managing company for abuse of dominant position under art. 102 TFEU in the market of certain common and individual airport infrastructures (Società Esercizi Aeroportuali), 8 June 2010, e-Competitions June 2010, Art. N° 32661

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