April / May 2001

Italy: Merger control as an instrument of market liberalisation: Enel/Infostrada

01 April 2001

The Italian Authority used the Enel/ Infostrada case as an opportunity to accelerate the liberalisation of the Italian electricity generation market. In this case it followed the approach adopted by the European Commission in the recent Energie Baden- Württemberg AG (EnBW), Electricité de France (EDF) and Zweckverband Oberschwäbische Elektrizitätswerke merger, which involved the purchase by EDF of certain German electricity companies. The Commission cleared the deal after EDF agreed to make available to competitors 6,000MW located in France - 30 per cent of the eligible market. EDF also agreed to renounce its voting rights in Compagnie Nationale du Rhône and withdraw from the CNR board, among other measures.