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Category Archives: Italian Developments

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Italian Merger Control Thresholds Update

Posted in Italian Developments, Mergers & Acquisitions

The Italian Competition Authority has updated its merger control turnover thresholds. Effective from 10 March 2014, Section 16 (1) of Law No 287 of 10 October 1990 requires prior notification of all mergers and acquisitions where: Aggregate turnover in Italy of all undertakings involved is above EUR 489 million, and Aggregate turnover in Italy of [...]

Class Actions in Italy: Milan Court of Appeal Adopts Wider Interpretation of Admissibility

Posted in Italian Developments

On 3 March 2014, the Milan Court of Appeal overturned a previous decision issued by the Milan Tribunal, declaring a class action brought by an Italian consumers association, Altroconsumo, against local railway operator Trenord as non-admissible. On 8 November 2013, the Milan Tribunal had dismissed the class action started by Altroconsumo on the grounds inter [...]

Italian Competition Authority Releases New Guidelines on Competitive Bids

Posted in Italian Developments

On October 26, 2013, the Italian Competition Authority (the Authority) published its new guidelines on competitive bids.  The guidelines are intended to help contracting entities to recognize and inform the Authority of potentially anti-competitive behavior during the awarding procedure. According to the guidelines, potential anti-competitive behavior is more likely in markets with few competitors (or [...]

Italy’s Competition Chair and Minister of Justice Confirm That ad hoc Compliance Programs Will Continue to be Considered as a Mitigating Factor

Posted in Italian Developments

On 24 October 2013, Chair of the Italian Competition Authority, Giovanni Pitruzzella, and Italy’s Minister of Justice, Anna Maria Cancellieri, spoke in favour of effective ad hoc antitrust compliance programs and their value as a mitigating factor in investigations.  Mr Pitruzzella underlined the importance of an effective compliance program because “imposing fines is not appreciated [...]

Italian Competition Authority Mandatory Fee Due by 30 October 2012

Posted in Italian Developments, Mergers & Acquisitions

by Veronica Pinotti, Martino Sforza and Nicolò Di Castelnuovo In response to significant feedback, the Italian Competition Authority (the Authority) clarified the following issues concerning the new mandatory fee that was discussed in our recent blog post, Italian Competition Authority Mandatory Fee Due by 30 October 2012: In relation to foreign companies, only those registered [...]

Italian Competition Authority Mandatory Fee Due by 30 October 2012

Posted in Italian Developments, Mergers & Acquisitions

by Veronica Pinotti and Martino Sforza From 1 October 2012 until 30 October 2012, public limited companies based in Italy that have total revenues exceeding EUR 50 million must pay to the Italian Competition Authority (ICA) a new mandatory fee, which replaces the current filing fees for merger transactions. Entities Subject to the Fee Public limited [...]

Liberalizations Decree: Main Relevant Changes and Powers of the Italian Competition Authority

Posted in Italian Developments, Mergers & Acquisitions

by Veronica Pinotti and Martino Sforza.  The main developments in antitrust are: 1. Merger Control (Art. 5-bis) From January 1, 2013: The Italian merger control thresholds will be cumulative and no longer alternative (i.e. the combined turnover in Italy of all undertakings concerned exceeds € 468 million AND the Italian turnover of the target exceeds € [...]

Italy’s Competition Chair Confirms That ad hoc Compliance Programs Will Continue to be Considered as a Mitigating Factor

Posted in Italian Developments

by Veronica Pinotti and Martino Sforza On March 6, 2012, the members of the Italian Antitrust Association met with the new Chair of the Italian Competition Authority (ICA), Giovanni Pitruzzella. During the meeting, Pitruzella stated that ad hoc qualitative compliance programs will continue to be considered as an effective mitigating factor, confirming the ICA’s attitude [...]

Italian Competition Authority Updates Merger Control Turnover Thresholds

Posted in Italian Developments, Mergers & Acquisitions

by Martino Sforza The Italian Competition Authority has updated its merger control turnover thresholds.  Effective as of today, November 21, 2011, Section 16(1) of Law no. 287 of October 10, 1990, requires prior notification of all mergers and acquisitions where either of the following conditions is fulfilled: Aggregate turnover in Italy of all undertakings involved is above [...]

Giovanni Pitruzzella Appointed New Chairman of the Italian Competition Authority

Posted in Italian Developments

by Veronica Pinotti The Presidents of the Italian Senate and the Lower Chamber have just appointed Giovanni Pitruzzella as new Chairman of the Italian Competition Authority, after Antonio Catricalà, the current Chairman was named under-secretary to the Prime Minister’s office and Secretary of the Council of Ministers, in the newly established Monti’s government. Pitruzzella is [...]

European Developments: French Competition Authority Launches Public Consultation on Settlement and Compliance Programs and Italy’s Prime Minister Announces New Cabinet

Posted in Cartel Enforcement, EC Developments, French Developments, Italian Developments, Monopolization/Abuse of Dominance

Public Consultation on Settlement and Compliance Programs Launched by the French Competition Authority by Louise-Astrid Aberg and Lionel Lesur On October 14, the French Competition Authority (FCA) launched a two-month public consultation for guidelines on settlement and compliance programs.  Both these guidelines have been highly anticipated since they were first announced last May. The draft [...]

Italy’s New Prime Minister: Priorities and Potential Long Term Objectives

Posted in EC Developments, Italian Developments

by Veronica Pinotti and Martino Sforza On Sunday November 13, 2011, Mario Monti, a former member of the European Commission, conditionally accepted a mandate to form a new Government.  The main task of the new Italian Government will be to adopt a package of economic reforms considered necessary by the European Union to cut Italy’s massive [...]

Health Care Insurance Companies in Italy Fined Over €13 Million for Anti-Competitive Behaviour

Posted in Italian Developments

by Veronica Pinotti The Italian Competition Authority has found that four health care insurance providers—HDI-Gerling Industrie Versicherung AG, Faro Compagnia di Assicurazioni e riassicurazioni S.p.a., Navale Assicurazioni, and Primogest (a multi-firm agency)—participated in anti-competitive behaviour between 2003 and 2008. The Authority has imposed fines against the companies totalling more than €13 million for setting up [...]

Italian Competition Authority Fines Suppliers of Magnetic Resonance Equipment €5.5 Million

Posted in Healthcare Antitrust, Italian Developments

by Veronica Pinotti On 5 August 2011, the Italian Competition Authority levied fines totalling €5,538,750 on Alliance Medical S.r.l., Toshiba Medical Systems Italia S.r.l., Philips S.p.A. and Siemens S.p.A. Each firm produces and sells electro-medical equipment used for diagnostic imaging and together they represent approximately 68 per cent of Italian sales. The inquiry process started when [...]

Italian Competition Authority Block Proposed Acquisition

Posted in Italian Developments

by Veronica Pinotti and Martino Sforza On 8 August 2011, the Italian Competition Authority blocked the proposed acquisition by Compagnia Valdostana delle Acque (CVA) of Deval and Vallenergia, both active in the retail sale of electricity in Valle d’Aosta, a mountain region in the north of Italy, close to the border with France. The case is interesting [...]

Italian Competition Authority Finds Abusive Conduct in Withholding Data and Internal Communications Praising Company Strategy

Posted in Italian Developments

by Veronica Pinotti, Martino Sforza and Christoph Voelk On 5 July 2011, the Italian Competition Authority imposed fines of €5.1 million on a multinational crop protection company for having abused its dominant position on the market for fosetyl-based systemic fungicides in breach of Article 102 of the Treaty on the Functioning of the European Union.  [...]

Italian Competition Authority’s Investigation into Large-Scale Distribution in the Food Sector

Posted in Cartel Enforcement, Italian Developments

by Veronica Pinotti, Philipp Werner and Martino Sforza On 6 November 2010, the Italian Competition Authority launched an investigation into the role of large-scale retail distribution in Italy’s food sector.  The investigation aims at assessing potential antitrust issues in this sector, and will focus on the agreements and strategic negotiations between suppliers and large-scale distributors, the [...]

International News Issue 2 2010

Posted in Cartel Enforcement, Chinese Developments, Distribution/Franchising, EC Developments, German Developments, Healthcare Antitrust, IP Antitrust, Italian Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation

McDermott Will & Emery’s International News, Issue 2, 2010, covers a range of legal developments of interest to those operating internationally.  This issue focuses on Antitrust and Competition. In this issue… Merger Control: Gun Jumping Goes Global International Cartel Enforcement: On the Rise and More Severe China’s Anti-Monopoly Law: Experience and Lessons Learned After Two [...]

Italian Merger Control Thresholds – New Revisions

Posted in Italian Developments, Mergers & Acquisitions

by Veronica Pinotti and Martino Sforza The Italian Competition Authority has updated its merger control turnover thresholds.  Effective as of 31 May 2010, Section 16(1) of Law no. 287 of 10 October 1990 requires prior notification of all mergers and acquisitions where either of the following conditions is fulfilled: Aggregate turnover in Italy of all [...]

Italian Competition Authority Confirms 1.2 per cent Merger Control Filing Fee for 2010

Posted in Italian Developments, Mergers & Acquisitions

by Veronica Pinotti and Martino Sforza The Italian Competition Authority announced today that the amount of its merger control filing fee will remain unchanged in 2010. The amount of the fee will therefore continue to be 1.2 per cent of the value of the notified transaction, in a range of EUR 3,000 to 60,000.  For the [...]

Italian Merger Control Thresholds – New Revisions

Posted in Italian Developments, Mergers & Acquisitions

by Veronica Pinotti and Martino Sforza The Italian Competition Authority today updated its merger control turnover thresholds. As of 27 July 2009, Section 16(1) of Law no. 287 of 10 October 1990, requires prior notification of all mergers and acquisitions involving the following: aggregate turnover in Italy of all undertakings involved above EUR 461 million [...]

Italian Investigation into Gas Storage Capacity

Posted in Italian Developments

by Cam Brockie and Veronica Pinotti The investigation conducted by the Italian Competition Authority and the Italian Electricity and Gas Authority looks into possible obstacles in the development of new storage capacity as well as the impact on competition and likely divesture of assets. To read the full article, click here.