La “poliedrica” nozione di impresa nel dialogo tra 'private' e 'public antitrust enforcement' (a proposito di servizi di interesse economico generale e principio di proporzionalità)

This essay tackles the problem of the definition and extent of the notion of "undertaking" (or "firm"), both under National and European Laws, from the peculiar standpoint offered by the Services of General Economic Interest, as regulated under European Law. The analysis proceeds from the discussion of two sets of decisions, the first (public antitrust enforcement) concerned with a violation of anti-cartel provision, and the second (private antitrust enforcement) concerned with the violation of the anti-monopolistic provision of National Antitrust Law (although continuous reference is made to parallel EU rules). The long lasting contest between antitrust laws and regulatory intervention by the Member States of EU in sensitive sectors of the economy is also discussed. The "Essential Facility Doctrine is also part of the analysis.