Equally effective competitor: The Court of Justice of the European Union specifies the criteria to be used to qualify the "abusive exploitation)" of a dominant position characterised by predatory practices implemented by an incumbent operator in the context of the liberalisation of a market (Servizio Elettrico Nazionale)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On May 12, 2022, the Court of Justice of the European Union issued a judgment in case C-377/20 (Servizio Elettrico Nazionale SpA and others v. Autorità Garante della Concorrenza e del Mercato) which follows a request for a preliminary ruling by the Italian Council of State on the interpretation and application of Article 102 TFEU in relation to abusive exclusionary conduct by dominant undertakings, particularly in a context of liberalization of an economic sector, in this case the opening of the energy supply market in Italy on July 1, 2007. This case does not involve predatory pricing practices, but rather abusive behavior based on a competitive advantage

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Equally effective competitor: The Court of Justice of the European Union specifies the criteria to be used to qualify the "abusive exploitation)" of a dominant position characterised by predatory practices implemented by an incumbent operator in the context of the liberalisation of a market (Servizio Elettrico Nazionale), 12 May 2022, Concurrences N° 2-2022, Art. N° 106769, www.concurrences.com

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