The WLR Daily case summaries
[2023] WLR(D) 36
Court of Justice of the European Union
Unilever Italia Mkt Operations Srl v Autorità Garante della Concorrenza e del Mercato
(Case C‑680/20)
EU:C:2023:33
2022 March 3; July 14; 2023 Jan 19
President of the Chamber E Regan (Rapporteur),
Judges D Gratsias, M Ilešič, I Jarukaitis, Z Csehi
Advocate General A Rantos
Judges D Gratsias, M Ilešič, I Jarukaitis, Z Csehi
Advocate General A Rantos
Competition— Abuse of dominant position— Exclusionary effect on market— Undertaking with dominant position on Italian market selling individually packaged ice cream in outdoor sales outlets, via distributors— Distributors imposing exclusivity clauses on operators of sales outlets— Italian competition authority finding that undertaking abusing its dominant position— Undertaking producing studies to show that practices did not have exclusionary effects against equally efficient competitors— Whether competition authority having to establish that exclusivity clauses having effect of excluding equally efficient competitors from market— Whether authority having to examine analyses based on “as efficient competitor” test—
FEU Treaty
, art 102