An Italian administrative court asks the Constitutional Court whether a legislative measure that conditionally cleared a merger outside ordinary merger control is in compliance with the Italian Constitution (Federconsumatori)

All the undertakings are equal. It happens in Italy, however, that some undertakings are more equal than others and the State allows them to realise a concentration without subjecting them to ordinary merger control rules. The Italian Constitutional Court (Constitutional Court), in a preliminary ruling sought by the Tar Lazio [1], will decide whether this derogation to the general rule as it has been applied in the merger Alitalia/AirOne, effective from 1 December 2008, is consistent with the Italian Constitution. The case originates from the acquisition of sole control over Alitalia, the Italian flag carrier, and AirOne, a major Italian air carrier, by CAI, a consortium of Italian investors incorporated for the purpose of “rescuing” Alitalia [2]. Alitalia in fact had been suffering

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Rossella Incardona, An Italian administrative court asks the Constitutional Court whether a legislative measure that conditionally cleared a merger outside ordinary merger control is in compliance with the Italian Constitution (Federconsumatori), 27 May 2009, e-Competitions May 2009, Art. N° 26720

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