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.
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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 (...)
152
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 (...)
188
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”), (...)
201
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, (...)
391
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 (...)
126
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 (...)
148
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 (...)
1971
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 (...)
1662
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. (...)
1556
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 (...)
1563
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, (...)
1786
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 (...)
1449
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 (...)
4266
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 (...)
760
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 (...)
2147
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 (...)
2172
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 (...)
1596
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 (...)
2271
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 (...)
3249
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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