Filippo Fioretti

Simmons & Simmons (Milano), Simmons & Simmons (Rome), Pavia e Ansaldo (Roma)
Lawyer (Partner)

Filippo regularly advises national and international clients before the European Commission or the Italian Competition Authority in the framework of merger control filings and antitrust investigations concerning alleged cartels and abuses of a dominant position. He also regularly assists clients before the Italian Courts in antitrust litigation and private enforcement cases.

Linked author

Simmons & Simmons (Rome)

Articles

1212 Bulletin

Filippo Fioretti The Italian Supreme Court confirms that Administrative Courts cannot themselves rule on technical concepts within the competence of the Competition Authority (Acea / Suez Environment)

75

On 20 January 2014 the Italian Supreme Court handed down a significant judgment on the scope of the judicial review of decisions taken by the Italian Competition Authority (ICA), considering issues addressed in the ECHR judgment in Menarini Diagnostic s.r.l./Italia, 27 September, 2011, appeal (...)

Filippo Fioretti The Italian Competition Authority publishes a Vademecum intended to help procurement agencies detect infringements of competition law in the context of public bids

109

On 26 October 2013, the ICA published a “Vademecum” (guide) intended to help procurement agencies to detect infringements of competition law in the context of public bids. This is particularly interesting not only for its contents, but because the ICA usually refrains from providing formal or (...)

Filippo Fioretti The Italian Competition Authority fines Italy’s largest telecoms operator for creating obstacles for competitors trying to access infrastructure networks (Telecom Italia)

175

In brief €103.8m fine for Telecom Italia in abuse of dominance case Findings of discrimination against competitors and margin squeeze Italian Competition Authority continues to focus on the Italian telecommunications market, as Telecom Italia faces a difficult challenge to protect its declining (...)

Filippo Fioretti The Italian Supreme Court reaffirms the principle that infringement decisions of the Competition Authority constitute “privileged evidence” in follow on compensation claims (Private motor insurance cartel)

102

On 04 March 2013, an order of the Corte di Cassazione - the Italian Supreme Court - reaffirmed the principle that infringement decisions of the Italian Competition Authority (ICA) constitute “privileged evidence” in follow on compensation claims. This order is related, yet again, to disputes (...)

Filippo Fioretti The Court of Milan orders the incumbent telecoms operator to pay €1.8m damages to a licensed operator in a follow on action for abuse of a dominant position (Telecom Italia / OKcom)

100

In a further follow on action of note, the Court of Milan published a judgment on 13 February 2013, ordering Telecom Italia to pay damages of some €1.8m to OKcom. OKcom had sought compensation for harm it claimed to have suffered through Telecom Italia, the incumbent telecoms operator, abusing (...)

Filippo Fioretti The Italian Court of First Instance in Milan holds that a claim exclusively aimed at obtaining from a national Court a judgment contrary to a Commission’s assessment, to avoid private enforcement, is inadmissible (ENI)

88

On 11 May 2009, the Court of First Instance (Tribunale) in Milan handed down judgment in a civil action lodged by the Italian company ENI relating to the synthetic rubber cartel for which it was fined by the European Commission in November 2006. In the context of cross border private damages (...)

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