With a sentence published today, the Council of State fully canceled the fine issued by the Antitrust Authority on December 20, 2018 against Enel, Enel Energia and Servizio Elettrico Nazionale, for an amount of 93 million, already reduced to 27 million in the first degree from Tar. The companies of the Enel Group had been accused of alleged conduct which, in the Authority’s opinion, would have consisted of an abuse of a dominant position to the advantage of Enel Energia, which would have made use of the privacy consent issued by the customers of Servizio Elettrico Nazionale for commercial purposes in favor of Group companies, to contact customers on the protected market.
The Council of State, in application of the guidelines expressed by the Court of Justice, ruling on the preliminary questions posed by the same Board and fully accepting the defenses presented by the companies, deemed any hypothesis of abuse to be non-existent and therefore ordered the full annulment of the antitrust fine. The Companies believe that they have always acted in full compliance with the law and the rules of fair competition and therefore welcome the acknowledgment of their reasons with great satisfaction.