2024-07-01 22:49:40
BOLZANO. The Council of State confirms the ruling of the Lazio Regional Administrative Courtroom which, in 2021, rejected Unhappy’s enchantment for the effective of 1.2 million euros imposed by the Competitors and Market Authority for “abuse of dominant place“.
In comparison with the primary occasion ruling, nevertheless, the Council of State has diminished the quantity to 800 thousand euros as a result of, it’s written, “it doesn’t appear honest to position the burden of the procrastination of the state of affairs on Unhappy alone lack of competitors for the market additionally contemplating that the details underlying the choice to cancel (the tender for the awarding of the extra-urban public transport service by highway, ed.) relied on the conduct of public officers and the cancellation provision itself was deemed illegitimate by the Trga”: the tender, in actual fact, was cancelled with a decision of the provincial council in self-regulation as a consequence of a leak of data on the necessities for participation.
The details date again to 2017, when the Province began the procedures for the tender. When requested to offer some data “important to find out the contents of the tender in step with the market state of affairs and, specifically, the prices that the operators must bear”, Unhappy refused to offer a part of it, “contemplating it inherent to the corporate group and, subsequently, confidential”. At that time, the Province reported Unhappy’s conduct to the AGCM which then imposed the sanction.
2024-07-01 22:49:40