Edited by Pier L. Parcu, Giorgio Monti and Marco Botta
Chapter 7: Italy – new forms of abuse of dominance and abuse of law
The chapter compares EU and Italian case law as regards ‘new’ forms of abuse of dominance. ‘New’ forms of abuse mean practices that differ from those traditionally falling within the scope of Article 102 TFEU, and which generally take place in connection with regulatory processes or litigation. In doing so, the chapter explores the relationship between the EU concept of abuse of a dominant position and the concept of ‘abuse of law’ within the Italian legal system. Keywords: vexatious litigation; abuse of regulatory process; abuse of dominance based on exceptional circumstances; Italian courts; Italian NCA; intent
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