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Image header Agence Europe
Europe Daily Bulletin No. 12951
Contents Publication in full By article 26 / 35
COURT OF JUSTICE OF THE EU / Competition

EU Court of Justice specifies criteria for defining whether incumbent energy operator’s dominant position is abusive

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...

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