The Italian Supreme Court upholds the Competition Authority’s decision fining the energy incumbent €4.5 million for having restricted independent importers to sell gas (ENI)

On 6 November 2006, the Italian Supreme Administrative Court (Consiglio di stato) endorsed findings that ENI, the vertically integrated Italian gas incumbent, had failed to comply with the Italian Antitrust Authority (IAA) 2002 decision (Blugas-Snam)whereby ENI was found to have hampered the liberalisation of Italy's natural gas markets by restricting the opportunities for independent importers to sell gas in Italy. In the Blugas/Snam decision [1], the IAA found that ENI had seriously infringed art. 82 of the EC Treaty by supplying gas to selected Italian operators under its own “take or pay” contracts (the

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Authors

  • Freshfields Bruckhaus Deringer (Rome)
  • Freshfields Bruckhaus Deringer (Rome)

Quotation

Gian Luca Zampa, Maura Demattè, The Italian Supreme Court upholds the Competition Authority’s decision fining the energy incumbent €4.5 million for having restricted independent importers to sell gas (ENI), 6 November 2006, e-Competitions November 2006, Art. N° 12636

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