Judgment of the Court (Fifth Chamber) of 12 May 2022
Servizio Elettrico Nazionale SpA and Others v Autorità Garante della Concorrenza e del Mercato and Others
Request for a preliminary ruling from the Consiglio di Stato
Reference for a preliminary ruling – Competition – Dominant position – Abuse – Article 102 TFEU – Effect of a practice on the well-being of consumers and on the structure of the market – Abusive exclusionary practice – Whether the practice is capable of producing an exclusionary effect – Recourse to means other than those coming within the scope of competition on the merits – Hypothetical as-efficient competitor unable to replicate the practice – Existence of an anticompetitive intent – Opening-up of the market for the sale of electricity to competition – Transfer of commercially sensitive information within a group of undertakings in order to preserve a dominant market position inherited from a statutory monopoly – Whether a subsidiary’s conduct can be imputed to the parent company
Case C-377/20
Reports of Cases
not yet published (Court Reports - general)
Links to the texts
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EUR-Lex |
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Opinion
ECLI:EU:C:2021:998 |
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Judgment
ECLI:EU:C:2022:379 |
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National decision following the preliminary ruling
ECLI:IT:CDS:2022:10571SENT |
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