Judgment_paragraph 44 · Persidera SpA v Autorità per le Garanzie nelle Comunicazioni and Ministero dello Sviluppo Economico delle Infrastrutture e dei Trasporti (C-112/16)

44It must be acknowledged that it would also be contrary to the provisions of the NCRF to prolong, or even reinforce, for the benefit of an operator already present on the market, an unfair competitive advantage obtained in breach of the legal requirements and contrary to the objective of effective and undistorted competition, whilst preventing or restricting the access of new operators to the market.