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outcome is considered probable. As a result a specific provision of a relatively minor amount, which fully
covers the risk has been made.
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It should be noted that for some disputes, described below, on the basis of the information available at
the closing date of the financial statements and with particular reference to the complexity of the
proceedings, to their progress, and to elements of uncertainty of a technical - trial nature, it was not
possible to make a reliable estimate of the size and/or times of any payments. Moreover, in the case in
which the diffusion of information relative to the dispute could seriously jeopardise the position of
Telecom Italia or its subsidiaries, only the general nature of the dispute is described.
Antitrust Case A426
On May, 13 2010, following a complaint lodged by Fastweb, the Italian Antitrust Authority (AGCM)
started an investigation into an alleged abuse of dominant position by Telecom Italia. According to
Fastweb, Telecom Italia acted so as to exclude its competitors in the public tenders held in 2010 by
Consip and Enel for the award of contracts for fixed telephony services and IP connectivity. In particular,
according to the complainant, Telecom Italia did not provide its competitors with some pieces of
information of a technical-economic nature that were allegedly essential for the submission of
competitive bids, and provided its retail divisions with network services at more favourable conditions
than those applied to all other operators.
Fastweb had previously filed a similar complaint to AGCom which wholly dismissed the case in a note
issued on May, 26 2010.
While reiterating that it had always acted in full compliance with the applicable regulations, Telecom
Italia filed a proposal of undertakings in order to remove all the concerns set forth in the AGCM decision
to open the investigation. Considering that said proposal was not manifestly meritless, AGCM published
it on its website on July, 29 2011, inviting comments from interested third parties.
Telecom Italia subsequently presented amendments to the proposal of undertakings, which the
interested third parties made comments on. Telecom Italia submitted its responses to the comments
from interested third parties on both proposals.
Since the procedure to evaluate the undertakings is still underway, it is not possible to opine about the
outcome of the proceedings.
Antitrust Case A428
On June, 23 2010, prompted by complaints filed by Wind and Fastweb, AGCM started an investigation
into two alleged abuses of dominant position by Telecom Italia. Firstly, according to Wind, Telecom Italia
allegedly hindered or delayed the activation of services, by means of unjustified and spurious refusals (
so-called K.O.) Moreover, according to both complainants, Telecom Italia allegedly offered its access
services to final customers at economic and technical conditions that could allegedly not be matched by
competitors purchasing wholesale access services from Telecom Italia itself, only in those geographic
areas of the Country where disaggregated access services to the local network are available, and hence
where other operators can compete more fiercely.
In any case, with reference to one of the offers complained of (relating to an invitation to tender issued
by the Florence municipal authority), on February, 1 2011, AGCom closed its investigation on the
economic terms of Telecom Italia’s offer with regard to traffic services, after verifying that it could be
matched by its competitors.
While reiterating that it had always acted in full compliance with the applicable regulations, Telecom
Italia filed a proposal of undertakings in order to remove all the concerns set forth in the AGCM decision
to open the investigation. Considering that said proposal was not manifestly meritless, AGCM published
it on its website on August, 5 2011, inviting comments from interested third parties.
On March, 26 2012, AGCM rejected Telecom Italia’s proposal of undertakings; the investigation set to
be concluded on September, 30 2012 therefore continues. At present, it is not possible to opine about
the outcome of the proceedings.
Telecom Italia S.p.A. Separate Financial Statements
Note 22 – Contingent liabilities, other information, commitments and
guarantees
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