With a sentence published on Thursday 1 December, the Council of State fully canceled the 93 million euro fine issued by theAntitrust towards Enel dating back to 20 December 2018 and the amount of which had already been reduced to 27 million in the first instance by the Tar.
What is the Antitrust objection to the Enel group?
THEAntitrust had objected to the companies of the Enel group alleged conduct which, according to the Authority, would have consisted of abuse of dominant position to the benefit of Enel Energia, which would have made use of the privacy consent for commercial purposes, issued by the customers of National Electricity Service in favor of group companies, for contact customers of the protected market.
The ruling of the Council of State
Il Council of State fully acceptedthe defenses carried out by the companies”, reads a note from Enel. The Board deemed any hypothesis of abuse and provisions to be non-existent complete annulment of the sanction Antitrust. Enel, therefore, will not have to pay either the 93 million fine imposed in 2018 or the amount reduced to 27 million by the TAR in the first instance. “Companies believe they always have acted in full compliance with the law and the rules of fair competition and therefore welcome the recognition of their reasons with great satisfaction”, concludes the note from the group led by Francesco Starace.
