Archives: Italian Developments

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Intellectual Property and Antitrust: Italian Chapter

McDermott has authored the Italian chapter of the 2016 edition of “Intellectual Property & Antitrust” published by Getting the Deal Through, a valuable work tool for legal practitioners dealing with intellectual property and competition law. This chapter addresses the statutes for granting IP rights, enforcement options and remedies, as well as the interplay between Italian … Continue Reading

Italian Merger Control Thresholds – New Revisions

The Italian Competition Authority has updated its merger control turnover thresholds. Effective today, 16 March 2015, Section 16(1) of Law no. 287 of 10 October 1990 requires prior notification of all mergers and acquisitions where both the following conditions are fulfilled: Aggregate turnover in Italy of all undertakings involved is above EUR 492 million (revised under … Continue Reading

New Joint Protocol of the Italian Competition Authority and the Italian Tax Police

The Italian Competition Authority and the Italian Tax Police (Guardia di Finanza) signed a new Joint Protocol, which provides increased mutual exchange of information and closer cooperation in the context of investigations for alleged breach of antitrust, unfair commercial practices and misleading advertising rules. The new Joint Protocol also sets out specific means of collaboration … Continue Reading

Court of Justice of the European Union Rejects the Appeal of Italian National Extradited to the United States for Price-Fixing Violation

On February 9, the Court of Justice of the European Union made public its January 28, 2015 order rejecting the appeal of Mr. Romano Pisciotti, an Italian national who was extradited from Germany to the United States in April 2014 for his role in the marine hose price-fixing conspiracy. On July 2, 2014, the General … Continue Reading

Significant Number of Dawn Raids Shows Increased Antitrust and Criminal Law Enforcement in Italian Pharmaceutical Sector

On 27 November, the Italian Competition Authority dawn raided a major South African company for alleged excessive pricing of its oncology products in Italy. According to a complaint by one of the most active consumer associations in Italy, the group would have required the Italian Medicines Agency (AIFA) to align the price of its products, … Continue Reading

Getting the Deal Through: Pharmaceutical Antitrust 2014

McDermott has contributed to the Italian chapter of the 2014 edition of “Pharmaceutical Antitrust” published by Getting the Deal Through, a valuable work tool for legal practitioners dealing with antitrust rules in the pharmaceutical sector.  The chapter addresses the most significant regulatory and antitrust issues affecting the marketing, authorization and pricing of pharmaceutical products in … Continue Reading

New Italian Competition Authority’s Regulation on Legality Rating Certification

On 4 July 2014, the new regulation on legality rating certification by the Italian Competition Authority entered into force. The legality rating is designed to facilitate companies’ access to credit from banks and public financial support. Certification is expressed in a score of between one and three stars and is issued by the Italian Competition … Continue Reading

The Case of Ophthalmic Drugs in Italy and France: A Lesson to Learn – Parallel Antitrust Investigations and Cooperation Between National Competition Authorities

The recent investigations into two pharmaceutical companies active in the ophthalmic drugs market in Italy and France serve as a reminder of the cooperation that takes place between national competition authorities. International groups should therefore take into account all the jurisdictions where they have a presence or do business when developing their antitrust audit and … Continue Reading

Italian Merger Control Thresholds Update

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 … Continue Reading

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

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 … Continue Reading

Italian Competition Authority Releases New Guidelines on Competitive Bids

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 … Continue Reading

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

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 … Continue Reading

Italian Competition Authority Mandatory Fee Due by 31 July 2014

by Veronica Pinotti, Martino Sforza and Nicolò di Castelnuovo The Italian Competition Authority has decided that the 2014 mandatory annual fee due by limited companies based in Italy, that have total revenues exceeding EUR 50 million, will have to be paid by July 31, 2014, while for the current year no payment is due. Entities Subject to the … Continue Reading

Italian Competition Authority Mandatory Fee Due by 30 October 2012

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 … Continue Reading

Italian Competition Authority Mandatory Fee Due by 30 October 2012

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 … Continue Reading

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

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 € … Continue Reading

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

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 … Continue Reading

Italian Competition Authority Updates Merger Control Turnover Thresholds

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 … Continue Reading

Giovanni Pitruzzella Appointed New Chairman of the Italian Competition Authority

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 … Continue Reading

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

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 … Continue Reading

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

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 … Continue Reading

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

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 … Continue Reading

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

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 … Continue Reading

Italian Competition Authority Block Proposed Acquisition

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 … Continue Reading
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