ANTITRUST | Consiglio di Stato rules on the obligation to cooperate under the Italian Antitrust Law

On 5 February 2024, with judgment No. 1160/2024, the Italian Administrative Court of Second Instance (“Consiglio di Stato”) overturned a previous ruling made by the Italian Administrative Court of First Instance (“TAR Lazio”) about case A523C initiated by the Italian Competition Authority (“ICA”) against Vivo Concerti S.r.l in the context of an investigation into Eventim – TicketOne Group for the exclusionary abuse of a dominant position in the market for the sale of tickets for live music events. The Consiglio di Stato affirmed the violation of the obligation to cooperate in good faith with the ICA under Article 14.2 of the Italian Antitrust Law (No. 287/1990), for Vivo Concerti having allegedly provided untrue information regarding the availability of requested information and documents.

Newsletter n. 93 – February 2024