The Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market* This case has arisen in the context of the progressive liberalisation of the electricity market in Italy. Although, since 1 July 2007, all users of the Italian electricity network, including households and small and medium sized enterprises (SMEs), have been able to choose their supplier, a distinction was drawn initially between, on the one hand, customers that were eligible to choose a supplier on the free market and, on the other, customers in the protected market, these customers consisting of private individuals and
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