Fastweb SpA [2022] EUECJ C-649/21_O (22 February 2022)

Fastweb SpA [2022] EUECJ C-649/21_O (22 February 2022)

Fastweb, as an operator active in markets identified as affected by the concentration, has a direct and existing interest in the annulment proceedings, and the General Court erred in law by requiring proof of actual or foreseeable recourse to INWIT’s services and by comparing Fastweb’s situation to other operators.

Citation
[2022] EUECJ C-649/21_O
Parties
Applicant: Fastweb SpA; Applicant at First Instance: Iliad Italia SpA; Defendant at First Instance: European Commission
Jurisdiction
European Union
Judgment Date
22 February 2022
Procedural Posture
Appeal / Order on Appeal and Intervention
Outcome
Appeal allowed; order under appeal set aside; leave to intervene granted
Legal Topics
Merger Control, Intervention, Standing, Concentration Compatibility, Anticompetitive Effects
Competition Law European Union Law Merger Control Intervention Standing Concentration Compatibility Anticompetitive Effects

Case Brief

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Parties

Fastweb SpA

Applicant

Iliad Italia SpA

Applicant at First Instance

European Commission

Defendant at First Instance

Procedural Posture

Appeal / Order on Appeal and Intervention

Legal Issues

  1. 1 Whether Fastweb SpA has a direct and existing interest to intervene in annulment proceedings against a Commission merger decision
  2. 2 Whether the General Court erred in law by requiring proof of actual or foreseeable recourse to INWIT’s services
  3. 3 Whether the General Court wrongly compared Fastweb’s situation to other operators

Ratio Decidendi

Fastweb, as an operator active in markets identified as affected by the concentration, has a direct and existing interest in the annulment proceedings, and the General Court erred in law by requiring proof of actual or foreseeable recourse to INWIT’s services and by comparing Fastweb’s situation to other operators.

Court Disposition

Appeal allowed; order under appeal set aside; leave to intervene granted

Orders

  • Order of the General Court of 27 September 2021 set aside
  • Fastweb SpA granted leave to intervene in Case T-692/20 in support of Iliad Italia SpA