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Dispute relative to "Adjustments on concession charges" for the years 1994-1998
Some disputes filed in the past by Telecom Italia and Tim are still pending. These relate to the Ministry of
Communications' request for payment of the balance of the amounts paid in concession charges for the
years 1994-1998.
FASTWEB
The disputes pending before the Court of Milan named "Impresa Semplice" and "Winback" have been
settled between the parties.
The arbitration started by Fastweb in January 2011 by virtue of which the competitor requested
compensation for presumed damages totalling 146 million euros incurred following alleged noncompliance
with the provisions contained in the contract for the supply of the “unbundling of the local
loop” (LLU) service is, on the contrary, ongoing. In particular, Fastweb complained that, in the period
from July 2008 to June 2010, Telecom Italia had refused, unlawfully, to execute approximately 30,000
requests to migrate customers to the Fastweb network. Telecom Italia filed an appearance, submitting a
counterclaim.
VODAFONE
In July 2006 Vodafone brought a case for compensation for damages (initially quantified as
approximately 525 million euros, and subsequently adjusted to 759 million euros) before the Milan
Appeal Court. The case involves a presumed abuse of its dominant position by Telecom Italia, which
allegedly exploited its position in the fixed telephony markets to strengthen its position in the closely
connected mobile communication services market, which tended to exclude and hence damage its
competitor.
Telecom Italia filed an appearance, fully contesting the claims of the other party.
In a judgement on November, 2 2011, the Appeal Court declared that it was not competent in this
matter and referred the case to the Civil Court. The terms for the resumption of the Vodafone case
before the Milan Court are pending.
H3G
The following disputes with H3G are still outstanding:
• a case brought by H3G for compensation for damages of 122 million euros alleging presumed
discriminatory behaviour and unfair competition by Telecom Italia against H3G in relation to fixedmobile
termination tariffs in the period 2008/2010. Telecom Italia has filed an appearance
contesting the other party's claims and submitting, alternatively, a counterclaim for 465 million
euros;
• a case brought by Telecom Italia for compensation of 230 million euros for damages related to the
termination charges applied to it by H3G that were higher than those applied to other operators in
the period between September 2005 and February 2008;
• a case brought by H3G for compensation for presumed damages consequent to alleged
discriminatory behaviour by Telecom Italia in the market for calls from its mobile network to H3G
network customers. In particular, according to the complainant, Telecom Italia is accused of
applying to its own sales divisions fees lower than those applied to H3G from April 2008. The
damages claimed have been quantified as approximately 120 million euros. Telecom Italia has filed
an appearance contesting the claims and submitting a counterclaim for 260 million euros;
• an appeal by Telecom Italia before the Rome Appeal Court against the arbitration awards on the
subject of mobile-mobile termination tariffs for the period between September 2005 and December
2007, which ordered Telecom Italia to pay the sum of approximately 87 million euros (of which
approximately 58 million euros already declared enforceable);
• a case started by H3G claiming compensation for presumed damages consequent to alleged
violation of the mobile customer portability procedures. The damages claimed have been quantified
as approximately 60 million euros. Telecom Italia has filed an appearance contesting the claims
and submitting a counterclaim for 20 million euros;
• an injunction sought by Telecom Italia to recover approximately 21 million euros for additional costs
already paid to H3G for the period from July 2010 to February 2011, after the repricing of the
termination tariffs on the H3G mobile network (resolution 667/08/Cons).
Telecom Italia S.p.A. Separate Financial Statements
Note 22 – Contingent liabilities, other information, commitments and
guarantees
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