Michele Giannino

Desogus Law Office (Cagliari)
Lawyer (Associate)

Michele Giannino is a qualified Italian lawyer with an LLM in European Law from the University of Leicester (UK), a PhD in Competition Law from the Queen Mary College of the University of London and the STEP Diploma in International Trust Management. He is currently a candidate for the Chartered Secretary Qualification Scheme of ICSA (Institute of Chartered Secretaries and Administrators). He practices civil and business law. Being also specialized in competition law and IP law, he has published many articles on these subjects on peer reviewed journals.

Articles

97275 Bulletin

Michele Giannino The EU General Court sets aside the Commission’s approval decision of a merger in the market for television and telecommunication services (KPN - Liberty Global / Ziggo)

247

By the judgment recently rendered in the KPN/Commission case , the General Court of the EU (GC) has quashed the decision previously made by the European Commission by which it gave a conditional go-ahead to the Ziggo acquisition by Liberty Global. The appeal was filed by a competitor of the (...)

Michele Giannino The Regional Administrative Court for Latium upholds the infringement decision made by the Italian Competition Authority against a pharmaceutical lab for excessive pricing (Aspen)

206

By the judgement handed down in Aspen v AGCM , the Regional Administrative Court of Latium (the Court) has recently determined the appeal lodged by a South African manufacturer of generic drugs, Aspen, against the 2016 decision made by Italian Competition Authority (ICA), rejected all the (...)

Michele Giannino The Italian Administrative Court of Lazio partially upholds the fine imposed on the company managing the Milan airports for abusive practices in the general aviation sector (SEA)

101

Introduction By an appeal judgment released in the SEA v AGCM case , the Administrative Court for the Region of Latium (the Court) has partially upheld the challenged decision made by the Italian Competition Authority (ICA) in Cedicor/SEA , by which the ICA fined the manager of the Milan (...)

Michele Giannino The Italian Competition Authority discovers two price-fixing arrangements in the market for the real estate brokerage services but decides not to fine the anti-competitive conducts as they were not a serious competition breach (Usi in Materia di Mediazione Immobiliare)

144

By the recent decision handed down in the case Usi in Materia di Mediazione Immobiliare (UMMI) the Italian Competition Authority (ICA) has closed an antitrust investigation by finding two price-fixing arrangements in the market for the real estate brokerage services agents implemented by two (...)

Michele Giannino The Italian Lazio Administrative Court upholds almost all the findings of the Competition Authority of a collusion in public contracts procurement (School Cleaning Services)

277

The Regional Administrative Court for Latium (the Court) has recently handed down four judgments on the appeals filed against the infringement decision made by the Italian Competition Authority (ICA) in the School Cleaning Services case [[ICA, decision of 22 December 2015, Case I785 Gara (...)

Michele Giannino The Italian Competition Authority grants an interim injunction to allow the carrying out of a competitive tender procedure in the public local transport services sector (Gara TPL Padova)

160

The Italian Competition Authority (ICA) has recently opened an Article 102 TFEU investigation in the case Gara TPL Padova concerning a competitive tender procedure for the selection of a local public transport operator . Later, on the basis of Article 14-bis of the Italian Competition Act no. (...)

Michele Giannino The Italian Competition Authority fines two trade associations and several local cooperative banks for fixing mortgage interest rates (Mortgage interest rates agreement)

234

The Italian Competition Authority (ICA) has recently closed an antitrust investigation in the ‘Mortgage interest rates agreement’ case by finding guilty two cooperative trade associations and 14 small cooperative banks for carrying out two price-fixing agreements in the province of Bolzano (the (...)

Michele Giannino The Italian Competition Authority conditionally clears a merger between two major ferry operators (Onorato Partcipazioni-Newco / Moby-Compagnia Italiana di Navigazione)

92

Introduction By the decision made on 10 December 2015 in Onorato Partcipazioni-Newco/Moby-Compagnia Italiana di Navigazione (OP/Moby-CIN), the Italian Competition Authority (ICA) has conditionally cleared a concentration involving two major ferry operators active on maritime routes connecting (...)

Michele Giannino The Italian Competition Authority finds a collusive tendering practice in the market for post-production TV programmes (Servizi di post-produzione di programmi televisivi-Rai)

106

In Servizi di post-produzione di programmi televisivi-Rai (Rai TV post production services) the Italian Competition Authority (ICA) has found that several operators infringed Article 2 of the Italian Competition Act no. 287/90, corresponding to Article 101 TFEU, as they were guilty of (...)

Michele Giannino The Italian Competition Authority issues a commitment decision and closes an investigation regarding contracts concluded between online booking websites and their partner hotels (Online Hotel Reservation)

302

By a commitment decision made on 21 April 2015 in the Mercato dei Servizi Turistici-Prenotazione Alberghiere Online case (thereinfter Online Hotel Reservation) the Italian Competition Authority (ICA) has closed an Article 101 TFEU investigation against Booking. The ICA has launched the (...)

Michele Giannino The Italian Competition Authority fines several undertakings for their participation to a cartel in the market of depuration of muds from sewage waters (Gare Gestioni Fanghi)

111

Introduction By a decision made on 3 February 2015 in the case I765, Gare Gestioni Fanghi, the Italian Competition Authority (ICA) has found Alan, Azienda Agricola Allievi, CRE, Ecotrass and Evergreen Italia to have infringed Article 2 of the Italian Competition Act n. 287/90, corresponding to (...)

Michele Giannino The Italian Competition Authority fines several firms for breaching a previous commitment decision and cartelizing the maritime links across the Gulfs of Naples and Salerno (Organizzazione Servizi Marittimi nel Golfo di Napoli)

109

By a decision made on 28 January 2015 in the case Organizzazione Servizi Marittimi nel Golfo di Napoli (Gulf of Naples) the Italian Competition Authority (ICA) has imposed fines in excess of € 14 million on seven ferry operators (Alilauro, Alilauro Gruson, SLMGL, NLG, SNAV and Medmar Navi), two (...)

Michele Giannino The Italian Administrative Court upholds the condemnation of two pharmaceutical companies for breaching Article 101 TFEU with regard to the marketing (Roche, Novartis)

122

By a recent judgment in the case Novartis-Roche/AGCM the Regional Administrative Court of Latium (the Court) has uphold on appeal the decision made by Italian Competition Authority (ICA) in the Roche/Novartis case. The ICA had imposed on Roche and Novartis a fine of Euro 180 million for an (...)

Michele Giannino The Italian Competition Authority closes by a commitment decision an Article 101 TFEU investigation against a purchase supercentre set up by many supermarket chains (Centrale italiana)

657

In the Case I768 Purchase Supercentre1 the Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation against Centrale Italiana (CI), a purchase supercentre set up by many supermarket chains. The ICA believed that the CI activities might restrain (...)

Michele Giannino The Italian Competition Authority subjects to a market test commitments regarding a resale price maintenance agreement in the photovoltaic sector (Photovoltaic Inverter case)

162

In the Photovoltaic Inverter case the Italian Competition Authority (ICA) has opened an Article 101 TFEU investigation into an alleged resale price maintenance agreement (RPM) in the photovoltaic market . Recently, the ICA decided to publish and subject to a market test the set of behavioural (...)

Michele Giannino The Italian Competition Authority closes an Article 102 TFEU investigation against the incumbent in the high speed rail market with a commitment decision (NTV/Fs/High speed trains)

141

The Italian Competition Authority (ICA) has recently closed by a commitment decision an Article 102 TFEU investigation it had opened last year against the previous rail monopolist, the Ferrovie dello Stato (FS) group . In the NTV/Fs/Ostacoli all’accesso al mercato dei servizi passeggeri ad alta (...)

Michele Giannino The Italian Competition Authority opens an enquiry into an alleged market sharing agreement in the private healthcare sector (Sanità privata nella regione Abruzzo)

116

In the Sanità privata nella regione Abruzzo (Healthcare Private Providers) case, by the decision made on 6 November 2013, the Italian Competition Authority (ICA) has opened an investigation against a number of private healthcare providers, Synergo, Villa Serena, Di Lorenzo and Villa Letizia. (...)

Michele Giannino The Italian Competition Authority opens an investigation against the incumbent railway undertaking for abuse of dominant position in the high speed rail market (NTV v FS)

204

By a decision made on 22 May 2013, the Italian Competition Authority (ICA) has opened an enquiry to establish whether the previous rail monopolist, the Ferrovie dello Stato (FS) group, had abused its dominant position in the market for high speed rail services. The ICA decision was based on a (...)

Michele Giannino The Italian Competition Authority clears a vertical merger between the manager of the airports of Rome and the suppliers of travel retail and catering services (Atlantia-Gemina)

98

The Italian Competition Authority (ICA) has recently reviewed the merger between the Gemina group that owns ADR, the manager of the Rome’s airports of Fiumicino and Ciampino and Atlantia owned by the Edizione group whose subsidiaries WDFG and Autogrill are active in the airport retail sector. (...)

Michele Giannino The Italian Competition Authority applies the bidding markets analysis to block a merger in the market for the gas distribution services (Italgas / Acegas-APS / Isontina Reti Gas)

275

By a decision made on 17 April 2013 the Italian Competition Authority (ICA) has prohibited the Italgas and Acegas-APS acquisition of the joint control of Isontina Reti Gas (IRG). The ICA believed that the notified transaction would strengthen the dominant position of Italgas and Acegas-APS in (...)

Michele Giannino The Italian Competition Authority by relying, inter alia, on upward pricing pressure techniques finds a food merger to have anticompetitive effects and conditionally clears it (Bolton Alimentari/Simmenthal)

192

By the decision made on 5 December 2012 the Italian Competition Authority (ICA) closed a phase II merger investigation into the proposed acquisition of Bolton Alimentari (Bolton) of the Simmenthal business branch from Kraft. The ICA reached the conclusion that the merger would have a negative (...)

Michele Giannino The Italian Competition Authority fines the incumbent railway undertaking for hindering the entry of a new competitor in the rail passenger transport market (Arenaways)

151

In the Arenaways case by a decision made on 25 July 2012, the Italian Competition Authority (ICA) has fined the Italian publicly-owned railway undertaking, the Ferrovie dello Stato (FS) group, for infringing Article 102 TFEU. FS put in place a complex unified strategy aimed at hindering the (...)

Michele Giannino The Italian Competition Authority clears a merger between two major ferry companies by imposing a set of behavioural remedies (Compagnia Italiana di Navigazione, Tirrenia)

364

Introduction By a decision made on 21 June 2012 the Italian Competition Authority (ICA) has cleared the acquisition of the ferry service branch of the debt-stricken publicly owned ferry operator Tirrenia by Compagnia Italiana di Navigazione (CIN). The go-ahead for the transaction was made (...)

Michele Giannino The Italian Competition Authority reviews a merger in the airline sector and imposes the elimination of the monopoly position on the Milan Linate-Rome route (Alitalia / Air One)

91

Introduction On the basis of Law Decree 134/2008 the Italian Competition Authority (ICA) conditionally cleared the Alitalia/Air One merger by imposing a set of behavioral remedies to prevent the imposition of excessive prices. It also set the a three-year deadline for the review of the (...)

Michele Giannino The Italian Competition Authority fines a dominant undertaking for hindering a public tender procedure for the selection of a new provider of waste management services (Messinambiente/ATO ME3)

214

By the decision made on 14 March 2012 the Italian Competition Authority (ICA) has fined Messinambiente for abusing its dominant position in the market for waste management services. Messinambiente infringed competition law because it failed to supply a set of data requested by a public (...)

Michele Giannino An Italian administrative court upholds the Competition Authority granting of full immunity and fine reductions to participants in the cosmetic and health care products cartel under the leniency programme (Reckitt Benckiser)

660

On appeal on the Cartel of large retailers for cosmetics and health care products decision of the Italian Competition Authority (ICA) the Regional Administrative Tribunal of Latium (Tar Latium) examined full immunity and fine reductions granted to a number of cartelists pursuant to the ICA (...)

Michele Giannino The Italian Competition Authority closes an infringement procedure on implementation of the remedies imposed for the approval of a merger in the banking sector (Banca Intesa/San Paolo IMI)

292

By a recent decision, the Italian Competition Authority (ICA) has closed the infringement procedure on whether the parties to the bank merger Banca Intesa/San Paolo IMI had correctly implemented the remedies imposed in the conditional authorization of the transaction. The ICA was happy with the (...)

Michele Giannino The Italian Council of State confirms the Italian Competition Authority decision holding that a single participation to price fixing meeting triggers a competition liability for infringement of Article 101 TFEU (Divella, Pricing of Pasta case )

290

Introduction By a ruling of 12 July 2011 the Italian Council of State has rejected the appeal proposed by Divella against the judgment of the Administrative Regional Court of Lazio (Tar Lazio) on the Pricing of Pastacase. Divella, a pasta manufacturer, had challenged the decision of the (...)

Michele Giannino The Italian Competition Authority starts an investigation into an alleged price-fixing practice on the Sardinia-Continental Italy maritime routes (Corsica Sardina Ferries)

395

The Italian Competition Authority (ICA) has recently opened an Article 101 TFEU investigation into alleged price-fixing practice that a number of ferry operators would be carrying out on the market for Italy and Sardinia maritime links. The facts of the case Consumer associations and public (...)

Michele Giannino The Italian Competition Authority conditionally clears a banking merger leading to a collective dominant position by imposing a set of structural and behavioural remedies (Intesa San Paolo-Banca Monte Parma)

715

The Italian Competition Authority (ICA) has conditionally authorized the Intesa San Paolo (ISP) acquisition of Banca Monte Parma (BMPR)by a second phase investigation decision . The ICA imposed a set of remedies to fix the competition concerns arising from a dominant position between ISP and (...)

Michele Giannino The Italian Competition Authority starts a second phase investigation into a banking merger for allegedly anti-competitive coordinated effects (Intesa San Paolo / Banca Monte Parma)

747

The Italian Competition Authority (ICA) has decided to open a Second Phase investigation into the Intesa San Paolo (ISP) acquisition of Banca Monte Parma (BMPR). The ICA held that the transaction was likely to result in the creation or strengthening of a dominant position in a number of banking (...)

Michele Giannino The Italian Competition Authority reviews the remedies regarding life insurance markets attached to the 2006 conditional clearance of a merger (Banca Intesa / Sanpaolo IMI)

895

The Italian Competition Authority (ICA) has recently reviewed the remedies attached to the 2006 conditional authorization of the Banca Intesa/Sanpaolo IMI merger. The remedies addressed the competition problems the merger would have caused in life insurance markets. The ICA considered the (...)

Michele Giannino The Italian Competition Authority opens an Art. 102 TFEU investigation against the incumbent national railway undertaking for refusal of granting track access to a new train operator (Arena Ways)

564

By a decision taken on 15 December, the Italian Competition Authority (ICA) has opened an investigation into abusive conducts allegedly put into place by the incumbent national railway undertaking, the group Ferrovie dello Stato (FS). FS would have frustrated the entry into the market for rail (...)

Michele Giannino The Italian Competition Authority closes two parallel investigations into joint fixing banking commissions for payment services by accepting commitments (Accordi Interbancari Riba-Rid-Bancomat)

727

Introduction By a commitments decision taken on 30 September 2010 the Italian Competition Authority (ICA) closed two parallel investigations against the Italian Banking Association (ABI) and Consorzio Bancomat, respectively. The ICA found the set of commitments offered by the parties to be (...)

Michele Giannino The Italian Competition Authority closes investigating into alleged abuses of dominant position of a ferry operator by imposing a set of behavioural commitments (T-Link/Grandi Navi Veloci)

726

Introduction By a commitment decision the Italian Competition Authority (ICA) has closed investigation into foreclosing conducts carried out by a major Italian ferry operator, Grandi Navi Veloci (GNV) in the market for maritime links between Northern Italy and Western Sicily. The most (...)

Michele Giannino The Italian Competition Authority finds the commitments proposed by the parties suitable to ensure the correct implementation of the remedies imposed for the approval of a banks merger (Banca Intesa/San Paolo IMI)

1279

It seems that the Banca Intesa/San Paolo IMI merger case may finally come to an end. By a recent decision, the Italian Competition Authority (ICA) accepted the remedies offered by the parties to ensure the correct implementation of the obligations they undertook for the regulatory approval of (...)

Michele Giannino The Italian Competition Authority closes two investigations against the manager of rail networkgroup without finding any competition infringement (NTV/RFI-Accesso al Nodo di Napoli)

1038

Two investigations conducted by the Italian Competition Authority (ICA) against the incumbent rail operator, the Ferrovie dello Stato group (FS), over alleged infringements of Article 82 EC have been closed by a commitment and an acquittal decision. The ICA started the investigations against FS (...)

Michele Giannino The UK OFT clears a merger in the passenger rail transport sector while applying the SLC test and de minimis exemption to rail franchise (Govia / South Central Passenger Rail)

1072

1. Introduction By its decision of 17 August 2009 the OFT unconditionally cleared the Govia acquisition of South Central Passenger Rail Franchise (the Franchise) without referring it to the Competition Commission for further examination. The OFT decision is worth reading for it makes some (...)

Michele Giannino An Italian regional administrative Court finds the provisions of two ports regulation on self-handling of port operations unlawful and annuls refusal to authorize such services based on these provisions (Forship / Port Authority of Olbia and Golfo Aranci)

1233

The regional administrative court of Sardinia (Tar Sardinia) has adjudicated on the provision of the regulation adopted by Port Authority of Olbia and Golfo Aranci or PAOGA in 2007 (the regulation) regarding the requirements to provide port operations at the ports of Olbia and Golfo Aranci in (...)

Michele Giannino The Italian Competition Authority closes investigation on common interbank charges and MAV payment services by accepting commitments (Associazione Bancaria Italiana)

1934

By a recent decision, the Italian Competition Authority (ICA) has closed an investigation into two anticompetitive agreements affecting the banking market for payment services by accepting and making binding a set of commitments presented by the parties upon the basis of Art. 14-ter of the Act (...)

Michele Giannino The French Competition Authority condemns a maritime transport operator for abusive conducts perpetrated in a tender procedure regarding the assignation of the Marseille/Corsica maritime links to be provided under a public service obligation (SNCM)

1253

The French Competition Council (FCC) has imposed a € 300,000 fine on Société National Maritime Corse Méditerranée (SNCM) for abusing its dominant position by offering a global indivisible bid in the tender procedure for the assignation of a number of maritime routes linking Marseille with Corsica to (...)

Michele Giannino The Italian competition authority fines 26 pasta makers and two industry associations for coordinating selling prices of pasta to retailers (Listino prezzi della pasta)

1259

In the Pricing of Pasta case, by a decision likely to spark much controversy, the Italian Competition Authority (ICA) has condemned for price-fixing practices 26 pasta makers, accounting for almost 90% of the market. The ICA also fined two industry associations, Unipi (the Italian Pasta (...)

Michele Giannino The Italian Council of State indicates that the regulation of the unfair commercial practices perpetrated in the financial sector falls within the jurisdiction of the financial regulator

1293

Following a request filed by the Italian Competition Authority (ICA), the Council of State (CoS), the Italian higher administrative court, has given an opinion on the alleged conflict of jurisdiction between the ICA and the Italian financial regulator (Consob) on the regulation of unfair (...)

Michele Giannino The Italian Competition Authority accepts commitments offered by the incumbent railway undertaking and closes proceeding for abuse of dominance in the rail sector (Rail Traction Company/Rete Ferroviaria italiana-Ferrovie dello stato)

1379

By a recent decision, the Italian Competition Authority (ICA) accepted and made binding a set of commitments proposed by Ferrovie dello stato (FS) and its wholly owned subsidiary Rete Ferroviaria italiana (RFI), the Italian incumbent railway undertaking and the manager of the national rail (...)

Michele Giannino The OFT accepts undertakings in lieu of reference and clears the merger conditional to transfer of slots, while accepting that restoration of competition to pre-merger levels does not require to precisely replicate the pre-merger situation (Air France Finance-City Jet/VLM Airlines)

1920

By a recent decision the OFT accepted the commitments offered by the merging parties upon the basis of Article 73 of Enterprise Act and conditionally cleared the Air France Finance-City Jet/VLM Airlines merger instead of referring it to the Competition Commission (CC) . The decision is (...)

Michele Giannino The Italian Competition Authority fines an airport for excessive prices and margin squeeze practices for access to certain airport facilities (Aeroporti di Roma)

2088

Last October the Italian Competition Authority (ICA) has closed investigations started in 2006 following complaints received by several freight operators and airlines about the anticompetitive practices of Aeroporti di Roma (ADR) . ADR is the dominant operator at the Rome’ airports of Fiumicino (...)

Michele Giannino The Italian Competition Authority condemns a local association of pharmacies for price-fixing arrangements regarding the retail prices of over-the-counter pharmaceuticals (Federfarma Teramo)

2155

The Italian Competition Authority (ICA) fined Federfarma Teramo, an association regrouping pharmacies located in the province of Teramo, Central Italy, for fixing the retail prices of a number of over-the-counter (OTC) pharmaceuticals via a circular detailing the maximum discounts applicable to (...)

Michele Giannino An Italian administrative court holds a transfer of retail trade licences as concentration and fines an operator in grocery sector for breaching the pre-merger notification obligation (Lidl Italia)

2216

Introduction The Italian regional administrative court of Lazio (TAR) has upheld a decision of the Italian Competition Authority (ICA) that had categorized transfers of retail trade licences as concentrations. The TAR approved the condemnation of Lidl Italia (LI) for failing to notify the (...)

Michele Giannino The Italian Competition Authority fines EUR 10 million 15 local public transport operators for collusive tendering (Servizi Aggiuntivi nel Trasporto Pubblico nel Comune di Roma)

3309

The Italian Competition Authority (ICA) has condemned 15 bus operators, SITA, APM, COTRI, ACTV, GTT, Transdev, ATCM, Trambus, ATC Bologna, ATAF, ATC La Spezia, ATP, Tempi, TEP and APAM, for collusive tendering carried out since 2001 until 2007. The penalised firms agreed to coordinate their (...)

Michele Giannino The Italian Competition Authority opens investigation for abuse of dominant position in the railway transport sector relating to the charge access to the network (Ferrovie dello Stato-Rete Ferroviaria Italiana)

4610

Introduction With a decision adopted on 18 September 2007 the Italian Competition Authority (AGCM) opened investigation against Ferrovie dello Stato (FS) and Rete Ferroviaria Italiana (RFI) for abuse of dominant position in the market for railway transport. The abusive conduct complained of (...)

Michele Giannino The Italian Supreme Administrative Court confirms standing of third party competitors to challenge a decision of the national competition authority (Ambrosiana Gelati)

2287

The Italian Consiglio di Stato (Council of State) in the Sagit judgement, consistently with its recent case law, holds that third party competitors can bring action against a negative decision of the Italian Competition Authority (ICA), which has not found any violation of competition law. A) (...)

Michele Giannino The Italian Competition Authority grants a cartelist total immunity for the first time under the new Leniency Notice (Produttori di pannelli truciolari in legno)

3869

Italian Competition Authority (Autorità garante della Concorrenza e del Mercato), 17 May 2007, Case I649 - Produttori di pannelli truciolari in legno, Provvedimento n° 16835 ; Bollettino n° 20, 5 June 2007 On 17 May 2007 the Italian Competition Authority (ICA) fined eight firms for carrying out a (...)

Michele Giannino The Italian Antitrust Authority fines more than 4 M € firms on the basis of Art. 82 EC for having exchanged information on the marine coatings market (Vernici Marine)

2796

By a decision (Vernici Marine) dating to 25 January 2007, the Italian Antitrust Authority (AGCM) has condemned five firms - Boat Boero Marine and Protective Coatings Genova (“Boat”), Hempel Italy (“Hempel”), International Paint Italy (“IP”), Jotun Italia (“Jotun”) and Sigma Coatings (“Sigma”) - (...)

Michele Giannino The Italian Competition Authority finds that exclusive agreements for the distribution of impulse ice-cream covering 57 % of retailers to have no cumulative anti-competitive effects (Sagit-Contratti Vendita e Distribuzione Gelato)

904

By a decision worth reading the Italian Competition Authority (ICA) cleared a network of agreements concluded by Sagit, the Italian subsidiary of the Unilever group, for the distribution and commercialization of impulse ice creams it produced. First, the ICA found that the agreements did not (...)

Michele Giannino The Italian Competition Authority finds that the Italian incumbent gas operator has abused its dominant position by impeding entry of new operators in the recently liberalized gas market (ENI)

676

Introduction By a decision taken in November 2002 the Italian Competition Authority (ICA) found that the ENI Group, the Italian incumbent gas operator, had abused its domain position in retail and transport gas markets in the 2001-02 thermal year. These abusive conducts were part of a complex (...)

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