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JONES DAY TALKS®: Private Antitrust Litigation in Italy
Jones Day Talks: Italy Embraces Foreign investment but Maintains Oversight
The Situation: Over the last year, the Italian Competition Bill (Law 287/1990) has undergone a significant number of amendments aimed at strengthening the enforcement powers of the Italian Competition Authority ("ICA"). At...more
The Italian Annual Market and Competition Law (Law n. 214/2023, the Law) came into effect on 31 December 2023. The Law aims to foster competition as a driver for efficiency and economic growth, in line with the Italian...more
On 19 January 2023, the EU Court of Justice, answering questions from the Italian Council of State, confirmed that the Intel effects-based approach applies also to exclusive dealing practices and held that competition...more
Published in the Italian Official Gazette no. 188 of 12 August 2022 (enters into force on 27 August 2022) Strengthening of the powers of the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato)...more
On 27 August 2022, the 2021 Annual Law for Competition (Law No. 118 of 5 August 2022) will enter into force. The final law reflects the key provisions of the draft law issued by the Government on 4 November...more
On 19 April 2022, the first-ever decision based on Italian Law Decree No. 16/2020 – regulating ambush marketing – was issued. It fined the multinational e-commerce company Zalando SE ("Zalando") for an ambush marketing...more
A recent judgment of the United Sections of the Italian Supreme Court of Cassation, the “ABI Forms Case” clarified the treatment of personal guarantees documented on the basis of the ABI’s (the Italian Banks' Association)...more
Legislative Decree no. 185/2021 ("Decree"), implementing Directive no. 2019/1/EU ("ECN+ Directive") into Italian law, entered into force on December 14, 2021. The ECN+ Directive primarily aims at strengthening the powers...more
Italy has just enacted the Legislative Decree implementing the ECN Plus Directive so providing the Italian Competition Authority (ICA) with increased enforcement powers. The following sections provide a first overview of the...more
The Draft Law provides for radical changes for antitrust and merger control enforcement powers in Italy and pro-competitive developments for the Italian economy. Following the Italian Competition Authority (“ICA”)’s...more
After several delays, on November 4, 2021, the Italian Council of Ministers examined and finally approved the draft Annual Law for Competition ("Draft") pursuant to Article 47 of Law No. 99/2009. The Draft reflects most...more
On 23 March 2021, the Italian Competition Authority (“ICA”) sent to the Italian government its proposals for changes to the Italian competition law for inclusion in the “annual law for competition” pursuant to Article 47 of...more
Today, the Italian Competition Authority updated its merger control turnover thresholds. Effective today, 22 March 2021, Section 16(1) of Law no. 287 of 10 October 1990 requires prior notification of all mergers and...more
Yesterday, the Italian Competition Authority updated its merger control turnover thresholds. Effective today, 23 March 2020, Section 16(1) of Law no. 287 of 10 October 1990 requires prior notification of all mergers and...more
Merger control enforcement continues to surge around the world and reaches well beyond the largest and traditionally most active enforcers (e.g., United States, European Commission, China, and Brazil). Beyond these countries,...more
Buyout firms and portfolio companies should take note of heightened scrutiny of HR and employment practices by antitrust enforcers, both in the US and in Europe. No-poach and wage-fixing agreements — arrangements between...more
In the Italian public enforcement matter La Roche-Novartis v. Antitrust Authority, the State Council (the administrative court of second instance, which has exclusive jurisdiction on antitrust cases) recently issued a...more
Setting the scene - The Italian Competition Authority ("ICA"), recently published a set of Guidelines and Policy recommendations relating to the Digital Sector ("Guidelines"), focusing on antitrust, privacy regulation and...more
In the aftermath of this year investigation against business operators not complying with the requirement of Italian law on label notification (see here), the Italian Competition Authority ("Authority") - in charge of...more
On October 4 the IAA has adopted the guidelines on how to structure an antitrust compliance programme and its treatment in the context of an antitrust investigation. They make clear that only compliance programme satisfying...more
This Jones Day Global Merger Control Update discusses developments in existing merger control regimes over the first half of 2018, as well as the emergence of new merger control regimes worldwide. Over the past few years,...more
The Background: The Italian Competition Authority has imposed a €60 million fine on Unilever's Italian subsidiary Algida, which sells impulse ice creams, for having implemented a complex system of exclusivity clauses and...more
European Court of Justice questions validity of commitments procedure under EU competition law - On 23 November 2017, the Court of Justice of the European Union (CJEU) surprised many competition law commentators, when it...more
This is the latest Jones Day Global Merger Control Update, which discusses recent developments in current merger regimes, as well as the emergence of new merger control regimes worldwide. Over the past few years, merger...more
EU opens investigation into UK tax scheme for multinationals - The EU State aid rules are designed to stop Governments and local authorities giving companies a selective advantage, as doing so would create an unequal...more