The Italian Supreme Administrative Court rules on the limits to antitrust assessment in a regulated sector (SEA)

A recent judgment of the Italian Supreme Administrative Court (Consiglio di Stato) sets out its view of the extent to which the antitrust authorities are entitled to intervene in a regulated sector where an abuse of a dominant position is alleged. The market concerned is that for access to infrastructures that are essential for carrying out ground handling services at the Linate and Malpensa airports in Milan. The case arose from an investigation launched by the Italian Competition Authority (ICA) at the end of December 2006 following a number of complaints centred around allegedly abusive conduct by SEA, the airport manager of the Milan airports. In 2008, the ICA adopted a Decision based on Law 18/1999, which implemented the EC

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Filippo Fioretti, The Italian Supreme Administrative Court rules on the limits to antitrust assessment in a regulated sector (SEA), 24 June 2010, e-Competitions June 2010, Art. N° 77287

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