Abuse of dominance in regulated sectors in Italy : recent enforcement trends

Abstract

This chapter examines the approaches of the Italian National Competition Authority (NCA) and the Italian courts when applying the prohibition against abuse of dominance in industries governed by sector-specific regulation (specifically, telecoms, rail transport and pharmaceuticals). On the basis of decisional practice and case law, certain trends seem to emerge. At the level of enforcement by the authority, there appears to be little hesitation to apply competition law, notwithstanding the existence of regulation and regulatory authorities whose task is often, even if technically on different grounds, to resolve the same behavioural issues that are the object of the NCA’s interventions. This consistent and even predictable enforcement trend across different sectors contrasts, however, with the more variable approach of the Italian courts. The courts have in some cases accepted the NCA’s interventions but have rejected others. The chapter traces these developments and attempts to explain the different approaches of the different institutions (regulatory authorities, the NCA and the courts) across the different regulated sectors.