The Italian Council of State refers to the EU Court of Justice questions concerning the interpretation and application of Art. 102 TFEU following an abuse of dominance in the electricity market (Enel)

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Italian Council of State, Enel, N. 04646/2020 REG.PROV.COLL., 20 July 2020 (Italian)

On 20 July, the Italian Supreme Administrative Court (Consiglio di Stato, CDS) referred to the Court of Justice (CJ) several questions concerning the interpretation and application of Article 102 TFEU. In the context of the dispute following the Italian Competition Authority's decision to impose a fine of over 93 million euro on the Enel Group for abusing its dominant position by leveraging assets held as a vertically integrated operator (which we have already commented here), the CDS has deemed it

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Federico Marini Balestra, Lucia Antonazzi, The Italian Council of State refers to the EU Court of Justice questions concerning the interpretation and application of Art. 102 TFEU following an abuse of dominance in the electricity market (Enel), 20 July 2020, e-Competitions Burden of proof, Art. N° 96776

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