Italy

AI, Art. 22, Italy, Killer acquisitions, Mergers

(University of Antwerp) and (Bocconi University)/ /Leave a comment

Introduction The European Commission is assessing the acquisition of Israeli startup Run:ai by the US tech giant Nvidia upon referral from the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, AGCM) under Art. 22(1) EUMR. The case is of particular interest, as it raises question of both legal and policy nature. On the…

Consumer protection, European Court of Justice, Investigations, Italy, National competition authorities (NCAs)

(University of Roma Tre) and (University of Basilicata)/ /Leave a comment

Background On September 5, the Advocate General Pikamäe is expected to deliver an opinion in the Caronte (C-511/23) and Trenitalia (C-510/23) cases. Despite the different legal bases, the cases revolve around the same question, that is whether competition law and consumer protection rules, read in the light of the effectiveness of administrative action, preclude national…

Digital competition, Digital economy, Digital markets, Digital Markets Act, Italy, National competition authorities (NCAs), Ne bis in idem, Spain

(University Villanueva, Spain)/ /Leave a comment

Approaching the summer vacation, the end of July was deemed extremely eventful for NCA enforcement actions. On 18 July, the Italian Competition Authority (ICA or AGCM) triggered a sanctioning proceeding against Google with respect to the submission to users of a request for consent to the linking of the services they offer. A few days…

Competition Law 2023, Italy

, (European Commission)/ /Leave a comment

In 2023, almost all economic sectors were impacted by the public enforcement of competition law of the Italian Competition Authority (“ICA”) and by judgments of Italian courts. As for previous years, we will summarise below the cases that we deem the most noteworthy, without any aspiration of being exhaustive, starting from the organizational and legal…

Double jeopardy, Italy, Procedures, Proportionality, References for a preliminary ruling

(University of Roma Tre)/ /1 Comment

The contested decision With decision No. 30086 of 29th March 2022, the Italian Competition Authority (ICA) imposed a fine of more than 3.7 million euros on Caronte & Tourist S.p.A. (CT) for excessive pricing in the market for Strait of Messina’s ferry services for passengers with vehicles, where it holds a dominant position. The legal…

Competition Law 2022, Italy

, (European Commission)/ /1 Comment

The year 2022 in Italy witnessed a major update of national competition law and new powers for the Italian Competition Authority (“ICA”). These developments are summarized below, together with a report of the ICA’s practice in antitrust and merger control, and an account of the activity of Italian courts, both at the national level and…

Abuse of dominance, Advantage, As Efficient Competitor, Burden of Proof, Competition proceedings, Consumer welfare, Discrimination, Electricity, European Court of Justice, Italy, National competition authorities (NCAs), National court

(University of Brescia)/ /Leave a comment

Facts and court proceedings Before the start of the liberalization process in 1999 with Legislative Decree 79/1999 (“Decreto Bersani”), the Italian electricity market was run singlehandedly by the Ente Nazionale Energia Elettrica (Enel), born with the nationalization of electricity in 1962. As the former Italian legal monopolist, Enel was integrated into all stages of the…

Abuse of dominance, As Efficient Competitor, Economics, European Court of Justice, European Union, Exclusive dealing, Italy, National competition authorities (NCAs), National court, References for a preliminary ruling

, , (White & Case)/ /Leave a comment

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 authorities must duly examine economic evidence produced by dominant undertakings. The court also held that, under certain narrow circumstances, conduct implemented by…

Investigations, Italy, Killer acquisitions, Mergers, Online platforms, Settlement

, (Portolano Cavallo)/ /Leave a comment

On August 5, 2022, the Italian Parliament adopted the 2021 Annual Law for Market and Competition (the “2021 Competition Law”), [1] the aim of which is to adapt the Italian system to EU competition rules and policies and to improve and liberalize markets affected by regulatory or economic barriers. The law reflects most of the…

Competition Law 2021, Italy

(BonelliErede) and (European Commission)/ /Leave a comment

In 2021, next to the activity of the Italian Competition Authority (“ICA”) and of the courts, the Italian legislator looked into competition law as a tool to unleash economic growth against the backdrop of the ongoing Covid-19 outbreak.   A “competitive” Recovery and Resilience Plan In the opening speech of his government, Prime Minister Mario…