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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.

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


By on Dec 1, 2014
Posted In Italian Developments

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,...

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Getting the Deal Through: Pharmaceutical Antitrust 2014


By on Jul 16, 2014
Posted In Healthcare Antitrust, Italian Developments

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...

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New Italian Competition Authority’s Regulation on Legality Rating Certification


By on Jul 9, 2014
Posted In Italian Developments

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...

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Limitation Periods for Antitrust Damages Actions in The European Union


By , and on Jul 2, 2014
Posted In Cartel Enforcement, EC Developments

The last decade or so has seen a marked increase in antitrust damages actions brought before the national courts of the EU Member States. As things currently stand, such actions are governed by the various national laws of the 28 Member States. This patchwork of differing national rules further complicates the already complex underpinning of...

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


By and on May 7, 2014
Posted In French Developments, Healthcare Antitrust, Italian Developments

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...

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Italian Merger Control Thresholds Update


By on Mar 14, 2014
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...

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Italian Competition Authority Releases New Guidelines on Competitive Bids


By on Nov 11, 2013
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...

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


By on Oct 28, 2013
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...

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