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See version in english Concorrenza e Mercato: Antitrust, Regulation, Consumer Welfare, Intellectual Property

HIDINI Gustavo, MARCHETTI Piergaetano, CLARICH Marcello et DI PORTO Fabiana (dir.), Milano, Giuffrè, 2012, pp. X-930, ISBN : 88-14-17435-0.

Concorrenza e Mercato. Antitrust, Regulation, Consumer Welfare, Intellectual Property

Fabiana Di Porto, Gustavo Ghidini, Marcello Clarich, Piergaetano Marchetti

Presenting or identifying the book under review as a sort of Italian competition yearbook which only offers an overview of the main decisions on competition law that occurred, both at European and Italian level, in the year before its publication would be misleading and reductive. Indeed, since its first publication in 1993, Concorrenza e mercato offers, in addition to a review of the main developments in EU competition law, an up-to-date and systematic overview, on a yearly basis, of the activity carried out by the Italian Competition Authority (ICA), which, as known by those familiar with the ICA, is not limited to competition law matters but also covers misleading advertising and unfair commercial practices, as well as of the most relevant decisions taken by civil and administrative courts. In addition, a section hosts doctrinal contributions (often written in English) focusing on significant and innovative trends in the fields of antitrust and consumer protection, whilst a final part is devoted to the publication of proceedings of conferences on competition law.

The 2012 edition of Concorrenza e mercato, edited by renowned academics and practitioners in the field, follows this consolidated pattern. More precisely, the book can be divided into two parts.

In the first part, an initial section is dedicated to competition law elements and their application and interpretation in specific markets. Through a selection of relevant cases relating to the application of Article 101 and 102 of the Treaty on the Functioning of the European Union, EU merger control rules and State aid provisions and procedural issues, the first contribution offers an overview of the main developments that occurred in 2011 in EU competition law at the level of the European Commission and of the EU Courts. Three following sections analyse the ICA’s praxis on anticompetitive agreements, abuses of dominant position and mergers. From these contributions it emerges that, if no real innovation has been made with regard to the main notions and elements of those areas and provisions, it can be highlighted that, both for anticompetitive agreements and for abuses of dominant position, commitments were accepted by the ICA in very few cases in contrast to earlier. Regarding mergers, there was an increase in the use of remedies by the ICA in order to authorise several concentrations, as opposed to simply granting clearance.

Other sections of the first part concern the ICA’s decisions with commitments, the ICA’s fining policy and the ICA’s power to give (non-binding) opinions on the in house provision of local public service. Following sections concern the application of competition law to regulated markets (such as services of general economic interest and financial intermediation) and their interpretation before civil and administrative judges, a continued unique contribution to the field. The last two sections of the first part of the book concern misleading advertising and unfair commercial practices and the relationship between competition law and intellectual property rights, respectively.

The second part contains twelve essays divided into three subject areas : European antitrust, containing, among other essays, an interesting and very informative contribution on State aids granted to the banking sector ; the relationship between contracts and competition, containing, for example, an analysis of the problematic consequences of independent authorities’ decisions on contracts ; and public powers, regulation, competition. In the last sub section it is worth mentioning an interesting and topical contribution on the relationship between public-private partnerships and investments in infrastructures.

As for past editions, the 2012 volume of Concorrenza e mercato represents an invaluable tool to monitoring trends and innovations in the activity carried out by the ICA, with a special focus on competition law. The overviews are extremely detailed and focused on the worth noting aspects of cases ; doctrinal contributions are thought provoking and provide a broader and useful framework to better contextualise the analysis focusing on national law. In conclusion, Concorrenza e mercato is essential reading for all national and international lawyers or public officials involved in or interested in Italian and European competition law.

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Riccardo Sciaudone, Concorrenza e Mercato. Antitrust, Regulation, Consumer Welfare, Intellectual Property, February 2013, Concurrences Review N° 1-2013, Art. N° 50606, pp. 258-259

Publisher Giuffrè

Date 1 January 2011

Number of pages 920

Visites 337

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