Denis Fosselard

Ashurst (Brussels)
Lawyer (Partner)

Denis is Head of Office of Ashurst Brussels and partner in the Competition and EU Law department. His practice focuses on all aspects of Italian and EU antitrust law. Denis has 20 years’ experience in advising leading European corporates in relation to behavioural and merger control cases. He also has significant experience in assisting companies in State Aid investigations. Denis regularly represents clients before both the European Commission and national competition authorities in Italy, Belgium, etc. as well as the EU General Court and Court of Justice in antitrust and other EU law proceedings. He acts for leading clients in several industry sectors, such as energy, financial services, pharmaceutical and automotive.

Linked authors

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

Articles

34191 Bulletin

Denis Fosselard De minimis: An overview of EU and national case law

361

1. Introduction* De minimis non curat praetor (the judge does not deal with trivial matters) was already the rule in Roman law around 2,000 years ago. So why would e-competitions care about de minimis to such a point that it is dedicating a full issue to the question? In truth, the question of (...)

Denis Fosselard, Stefania Amoruso, Valerio Mosca The Italian administrative court of first instance annuls the decision of the National Competition Authority which fined a credit card company and eight Italian licensee banks for violating Art. 101 TFEU in relation to domestic interchange fees (Mastercard)

348

Background The judgement in comment (Judgement of TAR of Lazio n. 6171 of 11 July 2011) has annulled the final decision of the Italian Antitrust Authority ("IAA") of 3 November 2010 ("IAA Decision") which closed the proceeding against Mastercard and eight Italian banks ( the "Parties") and (...)

Denis Fosselard, Lina Vitolo, Stefania Amoruso The Italian Competition Authority closes the proceeding against nine petrol companies finding no evidence of a cartel in the wholesale market for the supply of bitumen for road construction (Aumento Prezzi Bitume)

241

Introduction On 20 April 2011, the Italian Competition Authority ("ICA") adopted a decision closing the investigation launched in May 2010 against nine oil companies, Alma Petroli S.p.A., Api-Anonima Petroli Italiana S.p.A., ERG Petroli S.p.A., Eni S.p.A., Esso Italiana S.r.l., IES-Italiana (...)

Denis Fosselard, Lina Vitolo, Stefania Amoruso The Italian Competition Authority closes its first leniency application case finding a price fixing cartel among the three main operators in the market for liquefied petroleum gas (Prezzo per il GPL)

851

Background On March 24, 2010, the Italian Competition Authority (ICA) issued its first cartel decision based on a leniency application, approximately 3 years after the ICA officially adopted its Leniency Program. The case concerns a ten-year cartel between the three main Italian suppliers 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)

1592

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)

1448

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, Stefania Amoruso, Valerio Mosca The Italian Competition Authority clears the acquisition of the sole control of Castorama Italia by Groupe Adeo, concerning the market for the retail sale of do-it-yourself products (Groupe Adeo/Castorama Italia)

728

Background On 29 January 2009, the Italian Competition Authority (“ICA”) cleared the acquisition of the sole control of Castorama Italia S.p.A. (“Castorama”) by the French company Groupe Adeo S.A. (“Adeo”), both active in the retail sale of “do-it-yourself” (“DIY”) products. The merger met the (...)

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)

1499

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, (...)

Denis Fosselard, Stefania Amoruso, Valerio Mosca The Italian Competition Authority fines for the second time € 2.22 M a company for not having complied with remedies imposed in a previous merger proceeding (Parmalat/Eurolat)

1121

Background By decision of 21 May 2008, the Italian Competition Authority (“ICA”) fined Parmalat S.p.A. (“Parmalat”, one of the major Italian players in the milk and dairy sector) for not having complied with the measures imposed by a previous merger decision. The peculiarity of this case is linked (...)

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)

2951

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)

1671

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)

1384

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)

1173

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)

3009

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)

693

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)

2025

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)

2094

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)

1526

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)

3148

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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