Vito Auricchio

Legance - Studio Legale Associato (Rome)
Lawyer (Partner)

Vito Auricchio advises Italian and foreign companies in different antitrust and regulatory matters, in particular in cases of investigations for abuses, cartels and concentrations before the Italian Antitrust Authority. Vito’ s activity also focuses on advising clients in the drafting of distribution agreements. Vito received a J.D. degree, cum laude, in Economics from University “Federico II” of Naples in 1995 and an LL.M. degree from College of Europe (Bruges) in 1997. He then received a J.D. degree in Law from “Seconda Università” in Naples in 2000 and an LL.M. degree from the University of Chicago in 2005. He also trained with the Directorate General XV of the European Commission within the Public Procurement Unit. He was admitted to the Italian Bar in 2004. He is the author of several articles on specialised national and international law reviews in his area of practice.

Linked authors

Ashurst (Brussels)
Iliad (Milano)
Banca d’Italia (Italian Central Bank)
Legance - Studio Legale Associato (Rome)
Alcon (Milan)
Legance - Studio Legale Associato
Legance - Studio Legale Associato

Articles

29173 Bulletin

Antonino Cutrupi, Vito Auricchio The Italian Council of State sheds light on the scope of parties’ right of access to confidential documents held by the Competition Authority for the purpose of their defense in civil proceedings (Esso Italiana)

274

Introduction By judgment n. 1585/2015 of 25 March 2015, the Italian Council of State (Consiglio di Stato, hereinafter “CoS”), upheld the decision of the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “ICA”) not to grant Esso Italiana S.r.l. (hereinafter (...)

Vito Auricchio The Italian Administrative Supreme Court reinstates a decision issued by the Competition Authority prohibiting a joint venture in the gas distribution sector (Isontina Reti Gas)

98

By judgment No. 334 of 26 January 2015, the Italian Supreme Administrative Court (Consiglio di Stato) upheld two appeals brought by the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “ICA”) and reinstated the ICA’s decision No. 24320 of 17 April 2013 (...)

Antonino Cutrupi, Vito Auricchio The Italian Competition Authority closes proceedings against several ferry operators finding no evidence of a cartel in the market for maritime services in the Strait of Messina (Servizi di cabotaggio marittimo Stretto di Messina)

85

Introduction On 11 December 2014, the Italian Competition Authority (“ICA”) adopted a decision closing the investigation launched in June 2013 against several ferry operators active in the Strait of Messina for an alleged violation of Art. 101 TFEU - Caronte & Tourist S.p.A. (“C&T”), (...)

Dario Morelli, Vito Auricchio The Italian Competition Authority publishes the results of an inquiry into the modern trade sector (Indagine conoscitiva sul settore della GDO)

90

Analysis The Italian Competition Authority (“ICA”) has carried out a sector inquiry in the Italian modern trade sector. The inquiry’s focus is mainly on the competition law impact arising from the practices commonly adopted by the modern trade (e.g. unilateral amendments of the contractual terms, (...)

Valerio Mosca, Vito Auricchio An Italian civil court issues a judgement finding an abuse of dominant position by airline company, in violation of Article 102 TFEU, consisting in the refusal to grant to online travel agencies access to the information on its flight tickets (Ryanair)

273

By judgement no. 7825/2013, the civil court of Milan (Tribunal of Milan) has assessed, from an antitrust perspective, the conducts carried out by Ryanair against Viaggiare S.r.l., an online travel agency (OTA) active in the sale of leisure and travel services, including the sales of Ryanair’s (...)

Dario Morelli, Vito Auricchio The Italian Competition Authority imposes the maximum fines allowed under the law against an horizontal cartel influencing an overall market share equal to 95% of the traffic barriers sector (Metalmeccanica Fracasso, Industria Meccanica Varricchio...)

72

1. Facts The case concerned an agreement between seven Italian undertakings active in the market for traffic barriers, holding an overall share of 95%. The cartel was aimed to concert commercial practices, control the production and prevent competition in the relevant market. The agreement was (...)

Vito Auricchio The Italian Antitrust Authority fines a retail chain for an abuse of dominant position consisting in a strategy aimed at opposing the opening of new outlets by a competitor (Esselunga/Coop Estense)

56

1. Facts The case concerned an alleged abuse of dominance carried out by a retail chain, Coope Estense, consisting in carrying out a systematic strategy aimed at opposing the opening of new outlets by a competitor, Esselunga. The relevant market was the market for the retail distribution of (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio An Italian Administrative Court partially annulls the NCA decision to accept the commitments submitted by motorway companies in a proceeding relating to alleged abuse of dominant position in the roadside assistance market (ANAS, Società Strada dei Parchi, Società Autostrada Tirrenica)

1888

Background With two decisions issued on 22 April 2009, the Italian Administrative Tribunal (Tribunale Amministrativo Regonale, “TAR”) ruled on the power of the Italian Competition Authority (“ICA”) to accept commitments offered by undertakings under investigation for alleged anticompetitive (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority opens an investigations for violation of Art. 82 EC in the plasterboard market (Saint-Gobain)

1589

Background On 5 March 2009, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “AGCM”) launched an investigation for possible violation of Article 82 EC and Article 3 of Law 10 October 1990 n° 287 (corresponding to Article 82 EC) by Saint-Gobain Ppc Italia S.p.A. (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Competition Authority inflicts a fines over € 12 M upon the main 26 producers of pasta and two associations of undertakings, for allegedly exchanging information and adopting other initiatives to increase prices (Listino prezzi della pasta)

1445

Background On 26 February 2009, the Italian Competition Authority (“ICA”) fined 26 pasta producers active in Italy (representing approximately 90% of the overall relevant market) and two associations of undertakings claiming that they had entered into an agreement aimed at increasing the prices (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Competition Authority accepts the commitments submitted by motorway companies in a proceeding relating to alleged anticompetitive agreements and abuse of dominant position in the roadside assistance market in Italy (ANAS, Società Strada dei Parchi, Società Autostrada Tirrenica)

1497

Background On 20 September 2007, the ICA opened a proceeding regarding car assistance services provided in Italy on motorways, alleging that a) the motorways companies had breached Article 3 of Law 287/90 (national provision similar to art. 82 EC) and b) the roadside assistance providers, (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority closes the investigations for violations of Art. 81 and 82 EC in the equestrian sports market following commitments proposed by a sport federation (Federazione Italiana Sport Equestri)

2946

Background On 15 May 2008, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato) closed the investigation launched in July 2007 for possible violations of Article 81 and/or 82 EC by the Italian Equestrian Sports Federation (Federazione Italiana Sport Equestri) (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Competition Authority imposes fines of more than €4 million on two leading producers of concrete, finding violations of Art. 81 and 82 EC, including predatory pricing (Mercato del calcestruzzo cellulare autoclavato)

1645

Background On 24 October 2007, the Italian Competition Authority (Autorità garante della concorrenza e del mercato) fined two leading producers of autoclaved cellular concrete (ACC), namely Xella International GmbH (Xella) and RDB S.p.A. (RDB) alleging that they had entered into some form of (...)

Denis Fosselard, Lina Vitolo, Stefania Amoruso, Vito Auricchio The Italian Competition Authority adopts a decision fining four ostomy device manufacturers for alleged bid rigging (Gare per la fornitura di dispositivi per stomia)

1380

Introduction On 3 August 2007, the Italian Competition Authority (ICA) adopted a decision fining four ostomy device manufacturers for an alleged bid rigging. The decision is interesting as it shows the difficulty that pharmaceutical companies face when participating in a tender procedure. In (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority finds that the circular of the Italian Bank Association, interpreting rules on unilateral unfavourable changes of banking contractual conditions, violates Art. 81 EC (Associazione Bancaria Italiana)

1170

Background ABI is a non-profit association to which nearly all Italian banks belong. In August 2006, the Italian Banking Law (Legislative Decree n° 385/1993) was amended by Law n° 248/2006. Art. 10 of Law n° 248/2006, which lays down provisions that banks have to respect when changing (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority finds that the circular of a bank association, interpreting rules on unilateral unfavourable changes of banking contractual conditions, violates Art. 81 EC (Associazione Bancaria Italiana)

3003

Background ABI is a non-profit association to which nearly all Italian banks belong. In August 2006, the Italian Banking Law (Legislative Decree n° 385/1993) was amended by Law n° 248/2006. Art. 10 of Law n° 248/2006, which lays down provisions that banks have to respect when changing (...)

Benedetto Brancoli Busdraghi, Denis Fosselard, Vito Auricchio The Italian Competition Authority clears in phase II the merger between the two main baby milk producers subject to remedies, including wholesale prices reduction (Koninklijke Numico / Mellin)

690

Background By decision of 15 June 2005, the Italian Competition Authority (Autorità garante della concorrenza e del mercato) cleared the acquisition by Koninklijke Numico N.V. (Numico) of Mellin S.p.A. (Mellin). The concentration affected the baby milk sector which the Authority’s investigations (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Antitrust Authority fines € 125 M the incumbent telecommunications operator for abuse of dominant position on the fixed network telecommunications services for business customers, including price squeeze practices (Telecom Italia)

2019

Background On 16 November 2004, the Italian Competition Authority(Autorità Garante della Concorrenza e del Mercato) has imposed a fine of € 152 million on the incumbent telecommunication operator Telecom Italia S.p.A. (Telecom Italia), for abusive behaviours on the fixed network (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Antitrust Authority fines the global leader of packaging for liquids and semi-liquids for having failed to comply with a decision prohibiting the acquisition of a company (Tetra Pack - Emilcarta/Agrifood Machinery)

2089

Background With decision n. 13459 of 29 July 2004, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “Authority”) has imposed a fine of € 95 million on Tetra Pak International S.A. (“Tetra Pak”), the global leader in the manufacture of packaging for (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Antitrust Authority clears without remedies the acquisition by the national public broadcaster of 84 digital broadcasting network (Rai / Rami Di Azienda)

1525

Background On 29 April 2004, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato) cleared the acquisition by the national public broadcaster, Radiotelevisione Italiana S.p.A. (Rai), of 11 going concerns composed of 84 digital broadcasting networks, including the (...)

Denis Fosselard, Lina Vitolo, Vito Auricchio The Italian Competition Authority revokes remedies originally imposed to the parties to a merger by interpretating extensively the notion of de facto control (Società Assicuratrice Industriale/La Fondiaria Assicurazioni)

2192

Background Following a specific request by the parties, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato), at its meeting on 12 June 2003, decided to revoke the conditions originally imposed on Premafin Finanziaria S.p.A. (Premafin) and Mediobanca Banca di (...)

Denis Fosselard, Valerio Mosca, Vito Auricchio The Italian Antitrust Authority declares the incompatibility with EC competition law of a national regulation requiring or facilitating the market sharing within a consortium of manufacturers of matches (Consorzio Industrie Fiammiferi)

3147

Background With decision n. 8491 of 13 July 2000, the Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority, hereinafter “Authority”) found the existence of a market sharing arrangement carried out within the Consorzio Industrie Fiammiferi (the consortium of the Italian (...)

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