Telecom Italia in Appeal Brought by Alternative Operators

August 1, 2012

Cleary Gottlieb successfully represented Telecom Italia in appeals brought before the Regional Administrative Tribunal of Lazio by alternative operators Wind, Fastweb and Eutelia. The opposing parties sought to annul decisions made by the Italian Communication Authority (AgCom) establishing: (i) regulatory obligations for those companies holding a significant market power in the fixed line market; (ii) cost models for calculating wholesale prices to access fixed line services; and (iii) compliance verification of Telecom Italia’s line with reference to the 2011 increase of wholesale prices to access fixed line services.

The Administrative Tribunal rejected the appeals by the alternative operators upholding Telecom Italia’s argument that remedies imposed by AgCom were adequate and legitimate and that criteria adopted to calculate regulated prices were correct. Similar appeals brought by Vodafone, Tiscali and AIIP were dismissed last December.