The Italian Supreme Administrative Court reforms a judgment of the First Instance and considers an airport managing company not responsible for an abuse of dominant position under art. 102 TFEU in the market for centralized airport infrastructures (SEA / Airport tariffs)

In September 2009, the Regional Administrative Court of Latium (Tribunale Amministrativo Regionale del Lazio) upheld the appeal from AIR ONE S.p.A., an Italian airline now merged with Alitalia, against a decision of the Italian Competition Authority (ICA) concerning the alleged abuse of dominant position held by Società Esercizi Aeroportuali S.p.A. - SEA, the company running the airports of Milan Linate and Malpensa. In its decision, the ICA had stated that SEAhad not abused of its dominant position in the market for centralized airport infrastructures. The Administrative Court deemed that that decision was to be partly annulled, because of illogicality and inadequate investigation. The ICA reopened the investigation in march 2010 [1] to comply with the court's judgment. Nevertheless,

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Authors

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

Quotation

Alessandro Marra, Giacomo Luchetta, Felice Simonelli, The Italian Supreme Administrative Court reforms a judgment of the First Instance and considers an airport managing company not responsible for an abuse of dominant position under art. 102 TFEU in the market for centralized airport infrastructures (SEA / Airport tariffs), 8 June 2010, e-Competitions June 2010, Art. N° 32665

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