The Italian Competition Authority fines a multinational energy company €93M for discriminatory practices and leveraging its dominant position (Enel)

On December 20, 2018, the Italian Competition Authority (“ICA”) fined Enel, a multinational energy company active, among other things, in the distribution and sale of electricity in Italy, over €93 million for abusing its dominant position on certain local markets for the retail supply of electricity. [1] On the same day, the ICA issued two decisions in parallel cases concerning similar allegations against two other companies. [2] Case Summary In the local markets where Enel manages the distribution of electricity, Enel is also entrusted with providing (through its subsidiary Servizio Elettrico Nazionale, “SEN”) an enhanced protection service (“EPS”). The EPS is a regulated regime, reserved to domestic clients and small businesses that do not opt for offers at market prices, under which