On 19 January 2023, the CJEU delivered its preliminary ruling in the case Unilever Italia Mkt Operations Srl v Autorità Garante della Concorrenza e del Mercato, C-680/20 (“AGCM”) (“Unilever”), on two questions posed by the Consiglio di Stato (Italian Council of State). The first related to the interpretation of “single economic entity” (or unit), specifically the circumstances when formally autonomous and independent companies, could be deemed to form part of the same economic entity for the purposes of Articles 101 and 102 TFEU. The second question related to whether a competition authority, when assessing whether there has been an abuse of dominance through the use of exclusivity clauses, was obliged to examine economic analyses produced by the dominant company pertaining to whether the
The EU Court of Justice preliminarily determines that dominant firms can be held to account for abusive conduct even when third parties implement the infringement (Unilever Italia)
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