The Italian Supreme Court applies the principles of Directive 2014/104/EU in favour of claimants in a stand-alone case concerning an abuse of dominant position (Cargest)

Introduction On the 4th of June 2015, the Italian Supreme Court of Cassation (hereinafter referred to as “ISC”) overruled a judgment of the Court of Appeal of Rome concerning a claim brought by 52 food distributors against Cargest Srl because of an abuse of dominant position by the defendant. Cargest is the company in charge of managing the Rome-Guidonia’s Agri-food Center (hereinafter “the Center”). Cargest was the only entity allowed to lease the commercial spaces of the Center to distributors. Moreover, Cargest decided the terms and conditions of the agreements. The claimants sued Cargest because of the imposition of discriminatory clauses and unfair terms in the lease contracts and the infringement of Article 3 [1]. of the Italian Antitrust Law (Law No. 287 of 1990). The plaintiffs

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Giovanni Scoccini, Francesco Bruno, The Italian Supreme Court applies the principles of Directive 2014/104/EU in favour of claimants in a stand-alone case concerning an abuse of dominant position (Cargest), 4 June 2015, e-Competitions June 2015, Art. N° 76416

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