Paolisa Nebbia is counsel in the Shearman & Sterling’s Rome office, where her practice focuses on Italian and EU competition law. Paolisa has acquired extensive experience working at the Directorate General for Competition of the European Commission (DG COMP) and at the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato). She has in-depth knowledge of the working and dynamics of public enforcers and has handled several complex and high profile cases. Her experience spans across several sectors, ranging from media to consumer products, e-commerce to sports, and from collective rights management to Services of General Economic Interest. She has held academic appointments in Competition Law and in EU Law at several UK universities, is a former Law Fellow of St. Hilda’s College, University of Oxford and is currently a visiting professor at the World Intellectual Property Organisation.
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After 894 days of discussion, the Italian Parliament has approved, on 2 August 2017, what should be the “annual” competition act — a series of measures that should be adopted on a yearly basis to promote competition. Among the disparate set of measures contained in the new law, concerning a range (...)
508
Introduction The Italian Competition Authority, together with the national regulators for communications and data protection, opened a joint market investigation on Big Data. The investigation appears to be wide-ranging, covering not only competition issues, but data protection, consumer (...)
180
The European Commission has published, on 10 May, its final report on the E- commerce Sector Inquiry (the “Final Report”). The Commission launched the E-commerce Sector Inquiry in May 2015 in the context of its Digital Single Market (“DSM”) strategy, aiming to ensure better access for consumers (...)
160
Hardly picked up by the specialised press, the Proposal for a Regulation setting out the conditions and procedure by which the European Commission may request undertakings and associations of undertakings to provide information in relation to the internal market and related areas (“the (...)
156
On 19 April 2016, legislative decree n. 50/2016 containing the new Italian Public Procurement Code (PPC) entered into force. The PPC aims to implement, among others, Directive 2014/24/EU which sets out, at Article 57, a number of mandatory and discretionary grounds for excluding an economic (...)
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The decision is the final step of the same Manfredi case (ECJ, July 13th, 2006, Manfredi, Joined Cases C-295/04 C-295/04, C-296/04, C-297/04 and C-298/04, [2006] ECR I-6619) which prompted, after Courage (ECJ, September 20th, 2001, Courage and Crehan, Case C-453/99, [2001] ECR I-6297), a (...)
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This is a follow-on action from a decision of the Italian NCA which in 2000 sanctioned as contrary to article 2(2) of Law 287/90 (the Italian Competition Act) a concerted practice consisting in the systematic exchange of sensitive commercial information among several Italian insurance This (...)
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1. Introduction This note deals with three separate, although related, issues. The first part describes in some detail the new power to adopt interim measures that has recently been granted to the Italian NCA. The second part examines and assesses the first two cases where the Italian NCA has (...)
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The Italian government has adopted, on 30th June 2006, a decree containing urgent measures aimed, inter alia, to improve the state of the Italian economy. Some of the measures envisaged in the decree are relevant to competition law. Among these, the most significant are : the granting of new (...)
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A decision of the Italian NCA (Autorita’ Garante della Concorrenza e del Mercato, “AGCM”) of November 2004 had imposed a fine totalling an aggregate of € 152 millions to Telecom Italia (formerly the State-owned telecommunications monopolist) for abusing its dominant position on the fixed network (...)
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In implementing Directive 2003/54, Italian Law 481/1995 gave AEEG (the independent regulatory authority) the task of regulating and monitoring the gas and energy markets. For this purpose, AEEG can, inter alia, fix maximum tariffs to be applied to the regulated services; define guidelines for (...)
6405
Merck manufactures, and holds the patent of, a key active ingredient necessary for the production of an antibiotic (carbapenem) used in the treatment of particular types of infection. Merck’s patent rights have expired in most European countries and outside the EU (except the US) but, due to the (...)
5118
Inaz Paghe, a rather large supplier of software packages, offers on the market a new package called ‘full service’, to be used for the management of employees’ payrolls. The National Association of Employment Consultants, fearing that INAZ software may be able to perform some of the activities (...)
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Although consumer law and competition law pursue a similar aim, consumer welfare, it is rather easy to pinpoint the differences in methodology, criteria and approach between the two: the former addresses failures from the demand side by means of a direct control on individual transactions; the (...)
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