Servizio Elettrico Nazionale and Others: ECJ 12 May 2022

Reference for a preliminary ruling – Competition – Dominant position – Abusive exploitation – Article 102 TFEU – Impact of a practice on the well-being of consumers and on the structure of the market – Abusive foreclosure practice – Ability of the practice to produce an adverse effect eviction – Use of means other than those relating to competition on the merits – Impossibility for a hypothetical equally efficient competitor to replicate the practice – Existence of an anti-competitive intention – Opening up the market for the sale of electricity to competition – Transfer of commercially sensitive information within a group of companies for the purpose of maintaining a dominant position in a market inherited from a legal monopoly – Attributability of the behavior of the subsidiary to the parent company

Citations:

C-377/20, [2022] EUECJ C-377/20

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 June 2022; Ref: scu.678102