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Martino Sforza focuses his practice on advising European and international clients before the European Commission, the national competition and regulatory authorities, and the civil and administrative courts. He has extensive experience in assisting international clients on antitrust, distribution, consumer protection, data privacy rules and issues related to regulated markets.
Rolls-Royce Proposed Acquisition of Spanish Rival Industria de Turbo Propulsores. The European Commission Invites Interested Third Parties to Submit Comments
By Martino Sforza on Mar 8, 2017
Posted In EC Developments, Mergers & Acquisitions
On 4 March 2017, the European Commission (Commission) published a notice concerning the notification of the proposed acquisition of the Spanish aircraft company Industria de Turbo Propulsores SA (Spain, ITP), by Rolls-Royce Holdings plc. (UK, Rolls-Royce). Interested third parties, such as competitors, suppliers or customers can provide the Commission with their observations on the likely...
Unfair Commercial Practices: The European Court of Justice Specifies Criteria for Comparative Advertising
By Martino Sforza on Feb 21, 2017
Posted In Consumer Protection/Privacy, Italian Developments
On 8 February 2017, the European Court of Justice (ECJ) handed down a judgment on a reference for a preliminary ruling stating that comparative advertising can be misleading if consumers are not provided with information on the different format or size of shops where the products are sold. In particular, according to the ECJ, consumers shall...
Finally Implemented! The Italian Council of Ministers Approves a Legislative Decree Implementing the EU Antitrust Damages Directive
By Martino Sforza on Jan 17, 2017
Posted In Consumer Protection/Privacy, EU Developments, Italian Developments
On 14 January 2017, the Italian Council of Ministers approved the Legislative Decree implementing Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (the “Directive”). The final version of the Legislative Decree has not been published...
By Martino Sforza on Sep 19, 2016
Posted In Healthcare Antitrust, Italian Developments
This article, published in Getting the Deal Through, reviews the legislation that creates the pharmaceutical regulation framework in Italy, particularly with regard to mergers and acquisitions, anticompetitive conduct, product development and licensing agreements, and marketing agreements. Read the full article.
By Martino Sforza and Stefan M. Meisner on Apr 19, 2016
Posted In EC Developments, Joint Ventures/Competitor Collaboration
A recent request by the Supreme Court of Norway for an advisory opinion from the European Free Trade Association Court may define the legal test for determining whether or not an agreement between competitors restricts competition “by object.”
By Martino Sforza on Mar 15, 2016
Posted In Italian Developments, Mergers & Acquisitions
The Italian Competition Authority has updated its merger control turnover thresholds. Effective 14 March 2016, 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 € 495 million (revised under the terms of...
By Philip Bentley, Martino Sforza, Matthieu Adam, Lionel Lesur, Louise Aberg, Jacques Buhart, David Henry, Dr. Boris Uphoff, Andrea Hamilton and Wilko van Weert on Jan 22, 2016
Posted In EU Developments
McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand recent developments, this booklet is a great reference when dealing with complex issues of EU competition law. Read the...
By Martino Sforza on Jan 19, 2016
Posted In IP Antitrust, Italian Developments
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...
By Martino Sforza on Mar 16, 2015
Posted In Italian Developments, Mergers & Acquisitions
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...
By Martino Sforza, Lionel Lesur, Dr. Boris Uphoff, Andrea Hamilton and Wilko van Weert on Jan 19, 2015
Posted In Consumer Protection/Privacy, EU Developments, Private Litigation
The EU Directive on Antitrust Damages Actions requires the 28 EU Member States to adapt their laws and procedures to comply with the Directive by 27 December 2016 at the latest. It establishes a basic right to claim damages for loss caused by antitrust infringements, and establishes a minimum framework of rules concerning proof of...