The Italian Administrative Supreme Court reinstates a decision issued by the Competition Authority prohibiting a joint venture in the gas distribution sector (Isontina Reti Gas)

By judgment No. 334 of 26 January 2015, the Italian Supreme Administrative Court (Consiglio di Stato) upheld two appeals brought by the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “ICA”) and reinstated the ICA’s decision No. 24320 of 17 April 2013 (hereinafter, the “Decision”). Back in December 2012, Società Italiana per il Gas-Italgas S.p.A. (“Italgas”) and Acegas-Aps S.p.A. (“Acegas-Aps”) notified to the ICA a proposed merger consisting in the acquisition of joint control over Isontina Reti Gas S.p.A. (“Isontina” or “JV”). In particular, via a two-phase procedure, Italgas and Acegas-Aps were supposed to provide the JV with their respective going concerns active in the gas distribution services in the Provinces of Padua, Pordenone and Trieste. From

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  • Legance - Studio Legale Associato (Rome)

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Vito Auricchio, The Italian Administrative Supreme Court reinstates a decision issued by the Competition Authority prohibiting a joint venture in the gas distribution sector (Isontina Reti Gas), 26 January 2015, e-Competitions Bulletin Energy & Mergers, Art. N° 74705

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