Italy: The Italian Council of State revisits the issue of intra-group liability in antitrust matters (Ferrovie dello Stato Italiane)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By a judgment of 5 February 2021, the Italian Council of State, which has final jurisdiction over antitrust cases, partially confirmed the decision issued on 25 July 2012 by which theAutorità garante della Concorrenza e del Mercato [hereinafter "AGCM" or "Competition Authority"], which had sanctioned the company Ferrovie dello Stato Italiane ["FS"], a former rail transport monopolist, and the controlled companies Rete Ferroviaria Italiana ["RFI"] and Trenitalia ["Trenitalia"] for conduct constituting an abuse of a dominant position within the meaning of Article 102 TFEU. In particular, the Antitrust Authority found that FS, through its controlled companies