The Italian Regional Administrative Court of Latium overturns an Article 101 TFEU infringement decision of the Italian Competition Authority against two Big Tech companies for violation of general administrative law and procedural defence rights (Apple / Amazon)

An Administrative Court overturns an Article 101 TFEU infringement decision of the Italian Competition Authority against Apple and Amazon In Apple and Amazon v AGCM [1], the Regional Administrative Court of Latium (the Court) annulled the previous decision made by the Italian Competition Authority (ICA) in Apple/Beats that Apple and Amazon infringed Article 101 TFEU [2]. Interestingly, Court did not review the challenged decision on its merits but it grounded its rulings on the ICA’s violation of general administrative law and procedural defence rights of the parties. The facts of the case The target of the ICA Article 101 TFEU investigation was an agreement concluded in 2018 by Apple and Amazon by which they restrained the sale of the Apple branded products via the Amazon

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Michele Giannino, The Italian Regional Administrative Court of Latium overturns an Article 101 TFEU infringement decision of the Italian Competition Authority against two Big Tech companies for violation of general administrative law and procedural defence rights (Apple / Amazon), 3 October 2022, e-Competitions October 2022, Art. N° 110464

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