Sara Lembo

Bonelli Erede (Rome)
Managing Associate

Sara Lembo joined Bonelli Erede Pappalardo Law firm in June 2006. She is a senior associate in the Rome office where she works in the competition and antitrust department. Her practice covers a broad range of EC competition law and regulatory matters including merger clearance, litigation on abuse of dominant positions, settlements and policies. She has also developed a broad expertise in unfair commercial practice proceedings and consumers protection matters. She graduated summa cum laude from the Law School of the University of Naples “Federico II” in 2002, and in 2003 she obtained a Masters Degree in International Studies from the LUISS University of Rome, where she is currently attending a PhD in International and Internal Arbitration. She obtained an LL.M. from the College of Europe, Bruges in 2006. Her master thesis was on: “The Enforcement of EC Competition Rules in Arbitral Proceedings”. Before joining BEP she worked for a law firm in Dublin and Naples. She was admitted to the Italian and the Spanish Bar in 2007. Her native language is Italian, and she is fluent in English, French and Spanish.

Linked authors

Mayer Brown (Paris)
Boverry Attorneys
Lenz & Staehelin (Geneva)
De Brauw Blackstone Westbroeck (Amsterdam)
Bonelli Erede (Brussels)
Mannheimer Swartling (Stockholm)
Maersk (Copenhagen)
Bech-Bruun (Aarhus)

Articles

35425 Bulletin

Giulio Matarazzi, Sara Lembo The Italian Competition Authority fines undertakings for an anticompetitive agreement concerning the assignment of broadcasting rights to Italian football league matches (Vendita diritti televisivi Serie A 2015-2018)

382

In its decision of 19 April 2016, the Italian Competition Authority (“ICA”) imposed fines totalling EUR 66 million on Sky and Mediaset, the main television operators in the pay-tv market, and on the Italian Football League (“Lega Calcio”) and its advisor Infront, for breach of Article 101 of the (...)

Giulio Matarazzi, Sara Lembo The Italian Council of State refers to the EU Court of Justice for a preliminary ruling in a case regarding an agreement to artificially differentiate competing drugs (Roche / Novartis)

295

By its decision of 11 March 2016 , the Italian Administrative Court of Last Instance (“Council of State”) referred to the European Court of Justice certain preliminary questions raised by Novartis and Roche in the appeals brought against the judgment of the Administrative Court of First Instance, (...)

Giulio Matarazzi, Sara Lembo The Italian Competition Authority opens an investigation into the tender procedures for oxygen-therapy and ventilo-therapy services at home (Gare ossigenoterapia e ventilopterapia)

189

With a decision of 7 October 2015, following the complaints lodged by one of the local health units in the city of Milan (“ASL Milan”) and the purchasing consortium of the Campania Region (“Soresa”), the Italian Competition Authority (“ICA”) opened an investigation into 14 companies (“Parties”) (...)

Giulio Matarazzi, Sara Lembo The Italian Competition Authority accepts commitments to amend a co-marketing agreement and closes the antitrust investigation (Novartis / Italfarmaco)

231

With Decision No. 25508 of 4 June 2015, the Italian Competition Authority (the “ICA”), accepted the commitments proposed by Novartis Farma S.p.A. (“Novartis”) and Italfarmaco S.p.A. (“Italfarmaco”, together the “Parties”) and closed the investigation opened following a complaint lodged by the (...)

Federica Puliti, Sara Lembo The Italian Competition Authority initiates an investigation to ascertain an abuse of dominant position in the cancer drugs markets (Aspen)

159

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 (...)

Sara Lembo The Italian Competition Authority closes with commitments the investigation into a collective buying group and five large retail chains ordering the winding-up of the buying group (Centrale Italiana)

180

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 (...)

Sara Lembo The Italian Competition Authority closes its investigation against eight of the biggest Italian insurance companies with a commitment decision (Mono-mandatory Agents)

597

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 (...)

Giulio Matarazzi, Sara Lembo The Italian Council of State confirms the Competition Authority’s decision adopted in an abuse of dominance case in the mass retail sector (Coop Estense v AGCM)

65

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 (...)

Giulio Matarazzi, Sara Lembo The Italian Competition Authority fines a pharmaceutical company for having “artificially differentiated” their medicinal products in breach of Article 101 TFEU (Roche-Novartis/Farmaci Avastin e Lucentis)

106

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 (...)

Sara Lembo The Italian Competition Authority fines incumbent telecom operator approximately EUR 104 M for ‘constructive’ refusal to supply and margin squeeze (Wind - Fastweb / Telecom Italia)

352

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 (...)

Sara Lembo The Italian Competition Authority finds that the post incumbent breached article 102 TFEU by applying the VAT exemption regime to individually negotiated universal services in breach of Article 102 TFEU (VAT regime on postal services)

139

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 (...)

Sara Lembo The Italian Administrative Court of First Instance quashes, for the first time ever, an infringement decision adopted following two leniency applications (Shipping agencies services)

324

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 (...)

Sara Lembo The Italian Competition Authority opens an investigation against postal incumbent in order to assess if it had applied the VAT exemption regime on universal services in breach of Art. 102 (VAT regime on postal services)

134

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 (...)

Sara Lembo The Italian Competition Authority opens an investigation to assess whether the dominant positions held by a leading airline at the moment of a 2008 merger operation on certain national routes still exist and, if so, how they should be eliminated (Alitalia/CAI bis)

228

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 (...)

Sara Lembo The Italian State Council quashes a decision from the Court of first Instance having annulled an NCA’s decision concerning service of general economic interest and State action defence (COBAT - "Recycling of exhausted batteries”)

684

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«) (...)

Sara Lembo The Italian Last Instance Administrative Court confirms the legitimacy of the Competition Authority’s decision, quashed by the Court of First Instance, according to which the exchange of commercial information which are not “genuinely public” are, per se, anticompetitive (IAMA)

600

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 (...)

Sara Lembo The Italian Court of First Instance confirms the Italian Competition Authority’s decision in a price fixing case concerning the liquefied petroleum gas sector (Butanes / Eni / Liquigas)

674

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 (...)

Sara Lembo The Italian Competition Authority initiates a new investigation against the national incumbent telecom operator to assess whether it abused of its dominance position on the telephone and broadband network sector (Wind Fastweb / Telecom Italia)

824

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 (...)

Sara Lembo The Italian First administrative Court annulls an NCA’s infringement decision by applying the State action defence doctrine (Recycling of exhausted batteries)

1992

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 (...)

Sara Lembo The Italian Administrative Supreme Court upholds a tribunal judgment which partially annulled the Italian Competition Authority’s commitment decision for excess of power (Federazione Italiana Sport Equestri)

1368

http://www.giustizia-amministrativa.it/webcds/ElencoSentenze.asp 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 (...)

Sara Lembo The Italian Competition Authority closes the investigation initiated in the Italian market for auction houses services, with a “non-infringement” decision (Auction houses)

1129

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 (...)

Sara Lembo An Italian Court annulls the Italian Competition Authority’s commitment decision in the “motorway assistance services” case for breach of the proportionality principle (Motorway assistance services)

1386

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 (...)

Sara Lembo The Italian Competition Authority accepts the commitments offered in the voice communications and broadband internet access services markets following its investigation into alleged abuse of dominant position (Telecom Italia)

3918

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 (...)

Sara Lembo The Italian last instance Administrative Court annuls for lack of evidence the decision taken by the competition authority in one of the longest cartel cases ever held in Italy (Technical Gas)

2719

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, (...)

Sara Lembo The Italian Supreme administrative Court reduces, on the basis of an innovative analysis of the reliability of the documentary evidence, the duration of an anticompetitive agreement in the gaming and betting market (Lottomatica-Sisal)

2777

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 (...)

11601 Review

Ana Barros Feiteira, Angie Ng, Benoît Merkt, Camilla Jain Holtse, Christian Hagerman, Christian Nielsen, David T. Fischer, Dieter Hauck, Graeme Edgerton, Inigo Igartua Arregui, Kiri Tahana, Lesley Farrell, Martijn Snoep, Martin Klusmann, Massimo Merola, Michael Reiss, Nathalie Jalabert-Doury, Nathan Muyskens, Nick Taylor, Rayan Houdrouge, Sara Lembo, Serge Bourque, Shreeya Smith, Suzanne Kingston, Teresa Lorca Morales, Tommy Pettersson Digital evidence searches in competition investigations: Best Practices for effective fundamental rights Results of an international survey among defense lawyers

7240

Un programme de recherche international regroupant des avocats de la défense a été constitué sous l’égide de Concurrences afin de comparer les protections mises en place dans 15 régimes différents pour assurer le respect des droits fondamentaux dans le cadre des investigations informatiques. Une (...)

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