The Tribunal of Milan convicts, in the course of proceedings relating to interim measures, the worldwide leader in the production of elastomeric foam products for a below-cost pricing strategy (L’Isolante K-Flex / Armacell)

L'Isolante K-Flex S.r.l., the Italian market leader in the production of specialized and customized elastomeric foam products, filed a request for interim relief before the Tribunal of Milan claiming that its direct competitor, Armacell International GmbH, abused its dominant position in the European market by selling its products at unprofitable prices in Italy through its subsidiary Armacell Italia S.p.A. . K-Flex alleged that Armacell was marketing a series of insulation products in Italy at prices that were inexplicably low [1], also in consideration of the prices charged by the latter in Spain and Germany [2], thus causing severe damage to K-Flex both as regards its Italian market share and its competitiveness in the worldwide market. In particular, K-Flex maintained that despite