The case came about in the context of the progressive liberalisation of the electricity market in Italy, where several of incumbent operator ENEL’s companies operate and where the Italian competition authority fined ENEL for abuse of a dominant position in the market for private individuals and small businesses covered by a regulated price regime (case C-577/0) (see EUROPE B12850A29).
The Court of Justice of the EU—to which the [Italian] Council of State referred the matter—has...