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Servizio Elettrico Nazionale: a Good Overview of Article 102 TFEU Case Law

 |  December 1, 2020

By: Pablo Ibañez Colomo (Chilling Competition)

Because we tend to be absorbed by the latest news, we may forget that there are several pending cases of interest before the Court of Justice. One of these is Servizio Elettrico Nazionale, which is a preliminary reference lodged back in July of this year.

The interest of this reference, from the Italian Consiglio di Stato, is that it raises a number of fundamental issues about the interpretation of Article 102 TFEU.

While the case law seems to provide an answer to all the questions, a judgment addressing some core principles is likely to become a reference. The questions also provide an occasion to look back and reflect on the contributions made by the Court over the past decade.

I thought it would make sense to go over four of the five points raised in the submission and start a discussion from there. I very much look forward to your thoughts…