The Italian Regional Administrative Court of Lazio provides some lightening on the so–called “overflowing” and their relationship with the protection of competition (Italgas Acega Aps / Isontina Reti Gas)

1. Case examined by T.A.R. Lazio [1] (Regional Administrative Court of Lazio) judgment, n. 3047, Italgas-Acegas-Aps / Isontina Reti Gas of March 20th 2014 [2]. The decision concerns an appeal from a decision [3] of the Italian Competition Authority [4] (the “Authority”) prohibiting a concentration pursuant to art. 18 paragraph 1. of Law no. 287/1990. The concentration at stake entailed the transfer of the joint control of the company Isontina Reti GAS from ENI GAS S.p.A. and Acegas-Aps to Italgas and Acegas Aps. According to the Authority, the transaction would have lead to the creation or strengthening of a dominant position. Therefore, the operation could have generated possible restrictive effects of competition in the market for the provision of gas distribution. According to the