AGCM fines Enel X over €2.3 million: abuse of dominant position found in the electric charging market. The complainant Route220 was assisted by the law firm De Berti Jacchia

The decision confirms the importance of interoperability and equal access to electric vehicle charging infrastructure in a market that is strategic for the ecological transition.

The Italian Competition Authority (AGCM) has fined Enel X S.r.l. and Enel X Way Italia S.r.l. jointly for a total of €2,305,102.35, finding an anticompetitive conduct of margin compression (so-called margin squeeze) in the electric vehicle charging services market.

The proceedings originated from a complaint filed by Route220 S.r.l., a company active since 2014 in the electric mobility sector under its proprietary brand “evway,” a pioneer in Italy in promoting interoperable charging models. The company was assisted during the proceedings by the law firm De Berti Jacchia, with a team composed of lawyers Antonella Terranova and Ilaria Sgrilli, as well as Prof. Fabio Ferraro.

The sanctioned conduct consisted of Enel X applying wholesale (roaming) rates reserved for competing operators (Mobility Service Providers – MSPs) that were higher than the retail prices charged to final consumers through the Enel X Way app. The Authority found that this practice violated Article 102 of the TFEU by compressing competitors’ operating margins, thereby hindering their access to or permanence in the market under fair competitive conditions.

With decision no. 31646 of 29 July 2025, the AGCM found the violation and ordered Enel X and Enel X Way Italia to refrain from similar conduct in the future.

The decision falls within the new European regulatory framework established by Regulation (EU) 2023/1804 (AFIR), which entered into force on 12 October 2023 and has been applicable since 13 April 2024. The Regulation reinforces the principle of non-discrimination in access to charging infrastructure, confirming the central role of interoperability and competition in the transition to sustainable mobility.

“This AGCM decision represents an important precedent for safeguarding pluralism and fairness in digital and infrastructure markets,” said Prof. Fabio Ferraro of De Berti Jacchia.

“It is essential that operators, even in emerging sectors such as electromobility, can access essential infrastructure under fair and non-discriminatory conditions.”

“This case confirms the concrete relevance of the new AFIR Regulation and the impact of contractual practices between vertically integrated operators and independent competitors,” added lawyer Antonella Terranova, who handled the proceedings together with lawyer Ilaria Sgrilli.

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from left to right: Giuseppina Zoccali and Marco Frazzica (De Berti Jacchia), Yuri Zugolaro (Pirola Pennuto Zei & Associati) and Mario Morazzoni (Pirola Corporate Finance S.p.A.)

Milan / Bassano del Grappa, July 22, 2024 – NCAB Group Italy S.r.l. has signed the agreement for the acquisition of DVS S.r.l. in Italy and DVS Pacific Limited in Hong Kong. The purchase price amounts to approximately 200 million Swedish crowns, with a potential additional earnout of about 45 million Swedish crowns. The acquisition is expected to have a positive impact on NCAB Group’s earnings for 2025, with synergies in the areas of suppliers, payment terms, and logistics.

Founded in 1993, the Swedish NCAB Group is a world leader in the production of printed circuit boards (PCBs) and is listed on the NASDAQ Stockholm. DVS S.r.l. was founded in 2003 and has its main office in Bassano del Grappa, Italy, as well as offices in Switzerland and Hong Kong. Annual revenue amounts to approximately 240 million Swedish crowns. Sales are primarily directed towards Italian customers in the industrial and automotive sectors.

The buyers were assisted by De Berti Jacchia law firm with partner Marco Frazzica and senior associate Giuseppina Zoccali, supported by associate Matteo Bilei, while regulatory and FDI aspects were handled by partner Antonella Terranova, together with associate Ilaria Sgrilli; labor law aspects were followed by partner Gaspare Roma and associate Isabella Basilico.

PwC TLS assisted the buyers with tax aspects of the transaction with a team composed of partner Simone Marchiò and senior manager Mariangela Cottali.

Pirola Pennuto Zei & Associati assisted the sellers, with a team led by partner Yuri Zugolaro, supported, for all tax aspects of the transaction, by partner Marco Michielon and counsel Daniela Gobbo, while associate partner Lorenzo Destro, counsel Davide Rubino, and senior associate Lavinia Fanan followed the legal aspects.

Pirola Corporate Finance S.p.A. assisted the seller with financial aspects and the structuring of the transaction with a team composed of founding partner Mario Morazzoni, director Stefano Righetti, analyst Antonio Visioli, and junior analyst Pasquale Alessandro.

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The post NCAB GROUP ITALY S.R.L. SIGNS THE AGREEMENT FOR THE ACQUISITION OF DVS S.R.L. IN ITALY AND DVS PACIFIC LIMITED IN HONG KONG: INVOLVED FIRMS appeared first on Studio Legale De Berti Jacchia Franchini Forlani.