Sara Lembo

In its decision of 10 March 2015, the Italian Competition Authority (the “ICA” or the “Authority”) decided to open Phase II proceedings in relation to the merger notified on 25 February consisting of EI Towers S.p.A.’s (“EI Towers”) hostile takeover bid over 100% of Rai Way S.p.A.’s (“Rai Way” (...)

With its decision of 19 November 2014, the Italian Competition Authority (“ICA” or the “Authority”) initiated an investigation into Aspa Pharma Trading Ltd and Aspen Italia S.r.l. (“Aspen”) - both belonging to the South African-based Aspen Group, a leading manufacturer of generic medicines - to (...)

In its decision of 22 October 2014 the Italian Competition Authority (“ICA”) adopted the Guidelines on modalities of implementation of criteria for quantification of administrative penalties imposed by the Italian Competition Authority under Section 1, Article 15, of Law No. 287 of 10 October (...)

With its decisions of 17 September 2014 the Italian Competition Authority (“ICA” or the “Authority”) closed with a commitment decision an investigation into the collective buying group Centrale Italiana S.c.a.r.l. (“Centrale Italiana”) and five competing large retail chains which are members of it (...)

With its decision of 20 November 2013, the Italian Competition Authority (“ICA” or “Authority”) initiated an investigation against Enervit S.p.A., a company active in the production and distribution of sport and diet food products (“Enervit” or the “Company”) , to verify if, in the vertical relations (...)

On 20 May 2014, the Italian Competition Authority (“ICA” or “Authority”) closed the investigation it had begun in June 2013 into eight of the biggest Italian insurance companies by issuing a commitment decision . The Authority had opened the investigation to assess whether the vertical agreements (...)

In its decision of 8 April 2014 the Italian Administrative Court of Last Instance (“Council of State”) overruled the previous decision of the Administrative Court of First Instance (“TAR Lazio”) and confirmed the legitimacy of the decision of the Italian Competition Authority (“ICA”) , which had (...)

In its decision of 27 February 2014, the Italian Competition Authority (the “ICA” or the “Authority”), following the complaints lodged by the Italian Ophthalmological Society (“SOI” - Società oftalmologica italiana) and an association of private healthcare hospitals (“AIUDAPDS” - Associazione Italiana (...)

By its decision of 5 June 2013, the Italian Competition Authority (‘ICA’ or ‘Authority’) initiated an investigation against eight of the biggest insurance companies active in Italy, in order to verify if in the vertical agreement between each insurance company and its agents (‘agency contracts’), (...)

By its decision of 22 May 2013, the Italian Competition Authority (‘ICA’) initiated an investigation against the incumbent Italian railway operator Ferrovie dello Stato group in order to verify if, through its subsidiaries RFI, Trenitalia, Grandistazioni, Centostazioni and FS Sistemi Urbani (...)

On 9 May 2013, the Italian Competition Authority (the ’ICA’) adopted an infringement decision against Telecom Italia (’Telecom’) fining the incumbent operator approximately EUR 104 million for having abused its dominant position in the voice communications and broadband internet access services (...)

In its decision adopted on 27 March 2013, the Italian Competition Authority (“ICA” or the “Authority”) found Poste Italiane S.p.A. (“Poste” - the Italian incumbent operator in the postal sector) to have abused its dominant position in certain liberalised postal markets for the provision of universal (...)

In its judgment delivered on 15 January 2013, the Italian Administrative Court of First Instance ("Tar Lazio") quashed for lack of evidence, the infringement decision adopted by the Italian Competition Authority ("ICA") on the Shipping agencies services case which was initiated on the basis of (...)

In its judgment delivered on 3 September 2010, the Italian Court of First Instance (‘TAR Lazio’) quashed the decision by which the Italian Competition Authority (‘ICA’) fined Pfizer EUR 10.6 million for having abused its dominant position in the visual glaucoma medicine market, by blocking or (...)

A few months after the appointment of its new President (Mr Giovanni Pitruzzella) on 29 November 2011, the Italian Competition Authority (“ICA”) launched a public consultation on new draft guidelines on the commitment procedure which will amend the notice of October 2006 adopted soon after the (...)

On 6 March 2012 the Italian Competition Authority (’ICA’ or ’the Authority’) opened formal proceedings against Poste Italiane S.p.A. (’Poste’ - the Italian incumbent operator in the postal sector) - for an alleged abuse of its dominant position under Article 102 of the Treaty on the Functioning of (...)

By its Decision adopted on 22 February 2012, the Italian Competition Authority (“ICA”) fined 15 shipping agencies and 2 trade associations approximately EUR 4 million for breach of Article 101 TFEE. On the grounds of the leniency applications submitted by two shipping companies (i.e., Mersk and (...)

After three years since the approval of the merger operation through which Compagnia Aerea Italiana (CAI) acquired the operating assets of Alitalia Linee Aeree Italiane S.p.A.(Alitalia)as well as AirOne - Alitalia‘s main national competitor - the Italian Competition Authority (the “ICA”) opened (...)

In its judgment delivered on 2 May 2011, the Italian Last Instance Administrative Court («Consiglio di Stato«), reversed the judgment of the First Instance Administrative Court («TAR Lazio«) on the «recycling of exhausted batteries« case, and upheld the Italian Competition Authority’s («ICA«) (...)

In its judgment delivered on 29 December 2010, the Italian Last Instance Administrative Court (“Consiglio di Stato”), reversed the judgment of the First Instance Administrative Court (“TAR Lazio”) on the “IAMA” case, and confirmed the restrictive approach taken by the Italian Competition Authority (...)

In its judgment delivered on 13 December 2010, the Italian Court of First Instance ("Tar Lazio") confirmed the decision by which the Italian Competition Authority ("ICA") found the three main operators active in the LPG sector in Italy (i.e. Butangas, Eni and Liquigas) to have coordinated their (...)

On 13 October 2010, the Italian Competition Authority (the “ICA”) decided to initiate proceedings against Pfizer to assess whether the company had abused its dominant position in the market for medicines to treat visual glaucoma, by blocking or delaying the market entry of generic versions of its (...)

On 24 June 2010, the Italian Competition Authority (the “ICA”) decided to initiate new proceedings against Telecom Italia to assess whether the incumbent operator had abused its dominant position in the voice communications and broadband internet access services markets, with the aim of excluding (...)

By its judgment delivered on 9 March 2010, the Italian First Instance Administrative Court (“Tar Lazio”) annulled the Italian Competition Authority’s (“ICA”) infringement decision in the “Recycling of exhausted batteries” case, stating that COBAT (the Italian consortium for the collection and (...)

By its judgment delivered on 11 November 2009, the Italian Last Instance Administrative Court (“Consiglio di Stato”) upheld the judgment of the Court of First Instance (“Tar Lazio”) which had annulled the Italian Competition Authority’s (“ICA”) commitment decision on the “Federazione Italiana Sport (...)

By its decision delivered on 23 September 2009 , the Italian Competition Authority (the “ICA”) closed the proceedings that had been initiated against two leading Italian fine arts auction houses, finding that the information gathered during the investigation was unlikely to demonstrate the (...)

By its judgment delivered on 8 May 2009, the Italian First Instance Administrative Court (“Tar Lazio”) annulled the Italian Competition Authority’s (“ICA”) commitment decision in the “Motorway assistance services” case, since the measures made binding by the ICA were considered disproportionate and (...)

By its Decision delivered on 25 February 2009, the Italian Competition Authority (the “ICA”) closed the investigation that had been initiated at the end of 2007 against 29 pasta manufacturers and two Italian in

By its Decision delivered on 11 December 2008, the Italian Competition Authority (the "ICA") decided to close the proceedings initiated against Telecom Italia ("TI"), by adopting a commitment decision under Art. 14-ter of Law 287/1990 (the Italian Competition Act) which implements the provision (...)

On 24 July 2008, the Italian Competition Authority (the ICA or AGCM) decided not to adopt interim measures against COBAT (the Italian consortium for the collection and recycling of used batteries) and some other battery smelters that had been investigated for breaching Article 2 of Law 287/1990 (...)

By its judgment delivered on 7 March 2008, the Italian last instance Administrative Court (“Consiglio di Stato -C.d.S.”) annulled the Italian Authority’s (“AGCM”) decision on the Technical Gas case, on the grounds of a serious lack of evidence of the alleged antitrust infringement. In its decision, (...)

On 17 December 2007 the Italian last instance administrative Court (“Consiglio di Stato -Consiglio di Stato”) decided on the appeal brought by Lottomatica and Sisal against the judgement of the first instance administrative Court which had upheld the Italian competition Authority’s decision. In (...)

Since Legislative Decree 146/2007 ("LD 146/2007") came into force last year, the Italian Competition Authority (the "ICA" or "AGCM") has mainly focused on promoting consumer welfare in terms of better prices, choice, quality, affordability, and safety, by enforcing the new rules on unfair (...)