The Supreme Administrative Court (Consiglio di Stato) issued its judgment in the appeal filed by Baker McKenzie on behalf of Free Now. The appeal challenged the ruling of the first instance court that quashed the Italian Competition Authority's (ICA) decision, which stated that the illicit nature of non-compete/exclusivity provisions adopted by certain Milan radio taxis precluded their members (taxi drivers) from the use of an "open" and independent third-party app to put users in contact with taxi drivers.
The Supreme Court fully upheld the grounds of the appeal with very well argued and extensive reasoning.
This is a landmark judgment in light of its impact on the liberalization of taxi dispatch services and, in general, on the cooperative legal environment.
The judgment will also boost ICA enforcement in this market. Most importantly, it will have a very relevant impact on the taxi services market and support Free Now's plans in Italy.Baker McKenzie assisted Free Now with a team led by Partner Andrea Cicala and composed of Francesco Goisis, of counsel, Miriam Allena, senior associate, and Lorenzo Sacco, junior associate.