All the undertakings are equal. It happens in Italy, however, that some undertakings are more equal than others and the State allows them to realise a concentration without subjecting them to ordinary merger control rules. The Italian Constitutional Court (Constitutional Court), in a preliminary ruling sought by the Tar Lazio [1], will decide whether this derogation to the general rule as it has been applied in the merger Alitalia/AirOne, effective from 1 December 2008, is consistent with the Italian Constitution. The case originates from the acquisition of sole control over Alitalia, the Italian flag carrier, and AirOne, a major Italian air carrier, by CAI, a consortium of Italian investors incorporated for the purpose of “rescuing” Alitalia [2]. Alitalia in fact had been suffering
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An Italian administrative court asks the Constitutional Court whether a legislative measure that conditionally cleared a merger outside ordinary merger control is in compliance with the Italian Constitution (Federconsumatori)
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