Competition Law at Italy
Sure! Here’s an overview of Competition Law in Italy:
🇮🇹 Legal Framework for Competition Law in Italy
Italy’s competition law is primarily governed by the Italian Competition Act (Law No. 287/1990), which implements EU competition rules at the national level.
The Act prohibits anti-competitive agreements, abuse of dominant position, and regulates merger control.
EU competition law (Articles 101 and 102 TFEU) applies fully in Italy as an EU member state.
🏛️ Enforcement Authorities
Autorità Garante della Concorrenza e del Mercato (AGCM):
The Italian Competition Authority is the independent body responsible for enforcing competition law in Italy.
It investigates and sanctions anti-competitive agreements, abuse of dominance, and merger control.
It also promotes market transparency and consumer protection.
Italian Courts:
Play a role in hearing appeals against AGCM decisions and in private enforcement actions.
Courts also interpret competition law and can award damages for infringements.
European Commission:
Can intervene in cases that affect trade between EU member states or involve cross-border issues.
⚖️ Key Provisions and Areas
Cartels and Anti-Competitive Agreements:
Prohibited under the Italian Competition Act and EU law.
AGCM actively investigates cartels and can impose heavy fines.
Abuse of Dominant Position:
Dominant firms are prohibited from abusing their market power, e.g., by predatory pricing, exclusive dealing, or refusal to deal.
Merger Control:
The AGCM reviews mergers and acquisitions exceeding certain turnover thresholds to prevent anti-competitive concentrations.
The EU merger control regime applies if the transaction crosses certain EU-wide thresholds.
Consumer Protection:
The AGCM also enforces laws against unfair commercial practices that affect consumers.
🔍 Recent Trends and Cases
Italy has seen active enforcement against cartels in sectors like construction, pharmaceuticals, and transportation.
The AGCM has increasingly focused on digital markets and platform competition.
Cooperation with the European Commission and other EU competition authorities is strong.
📚 Summary
Italy has a robust competition law framework, combining national laws with EU rules.
The AGCM is the key enforcement agency with wide powers.
Italian competition law aims to ensure fair competition, protect consumers, and maintain market efficiency across sectors.
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