The Italian Competition Authority finds that the Italian incumbent gas operator has abused its dominant position by impeding entry of new operators in the recently liberalized gas market (ENI)

Introduction By a decision taken in November 2002 the Italian Competition Authority (ICA) found that the ENI Group, the Italian incumbent gas operator, had abused its domain position in retail and transport gas markets in the 2001-02 thermal year. These abusive conducts were part of a complex foreclosing strategy aimed at keeping its dominant position in the recently liberalized market. Facts In order to implement Directive 98/30/EC, Legislative Decree 164/2000 imposed on ENI the obligation, starting from January 2002, to sell an amount of gas not higher than 75% of national consumption. The ICA investigations indicated that the way in which ENI complied with the obligation in Legislative Decree 164/2000 infringed Article 102 (82) TFEU. The

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Michele Giannino, The Italian Competition Authority finds that the Italian incumbent gas operator has abused its dominant position by impeding entry of new operators in the recently liberalized gas market (ENI), 21 November 2002, e-Competitions Bulletin Energy & Access to facilities, Art. N° 26674

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