The Italian Administrative Supreme Court reinstates a decision issued by the Competition Authority accepting commitments by the dominant satellite TV company regarding the discriminatory conditions of access to its broadcasting platform (Sky Italia)

By judgement no. 4773 of 22 September 2014, the Italian Supreme Administrative Court (“Consiglio di Stato”) upheld an appeal brought by Sky Italia s.r.l. (“Sky”) and the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) and reinstated the AGCM decision no. 21316 of 7 July 2010, that had been previously annulled by the judgement of the First Instance Administrative Court (“Tar Lazio”) no. 3964/2011. The AGCM decision of 7 July 2010 concerned a case of abuse of dominant position for an alleged application by Sky Italia of discriminatory and not transparent conditions for the access to its pay-TV satellite platform. In particular, such investigation was prompted by a complaint lodged by Conto TV, a minor pay-TV operator, claiming that Sky prevented Conto TV

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  • Legance - Studio Legale Associato (Rome)

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Valerio Mosca, The Italian Administrative Supreme Court reinstates a decision issued by the Competition Authority accepting commitments by the dominant satellite TV company regarding the discriminatory conditions of access to its broadcasting platform (Sky Italia), 22 September 2014, e-Competitions September 2014, Art. N° 74660

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