In the Flash Fiber case the Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation into a horizontal cooperation agreement concerning the telecommunication sector. After the implementation of the commitments agreed with the parties, the ICA took the position that the agreement at hand would not restrain competition. Instead, the agreement would generate economic efficiencies by promoting an innovative form of dynamic competition. The facts of the case In September 2016 two major Italian telecommunication operators, Telecom Italia (TI) and Fastweb (FW), notified the ICA a horizontal cooperation agreement. The notified agreement was a co-investment agreement having as object the development and rolling out of fiber optical networks
The Italian Competition Authority clears a horizontal cooperation agreement in the telecommunication sector by a commitment decision (Flash Fiber)
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