Portolano Cavallo (Milan)

Enzo Marasà

Portolano Cavallo (Milan)
Counsel and co-head of practice

Enzo joined Portolano Cavallo in November 2016, focusing on antitrust, as well as regulatory and unfair commercial practices. Over his fifteen year career, Enzo has assisted national and multinational companies on issues of competition and EU law: merger control, anti-competitive agreements, abuses of a dominant position, challenging decisions of antitrust authorities, private antitrust litigation, restrictive regulatory measures on the free movement in the single market, distribution or cooperation agreements between competitors, technology transfers, implementation of antitrust compliance programs, etc. He has particular experience in the following sectors: media, telecommunications and Internet, electronic payment services, e-commerce, fashion & luxury, Life Sciences and pharmaceuticals, energy. Enzo represents clients before the Italian Competition Authority, the European Commission and the Courts of the European Union. Before joining Portolano Cavallo, Enzo collaborated, among others, with Orrick, Herrington & Sutcliff in Brussels and BonelliErede, in Brussels and Milan. Enzo was awarded a Law Degree in 2003 and a post-graduate diploma in 2004 National and EU Competition Law, both by Università degli Studi di Milano Statale. He authored numerous articles and publications on national newspapers and legal journals in the field of competition law.

Distinctions

Enzo has been mentioned by Legal500 among the leading EU and Competition Law experts in Italy. Clients report that Enzo is “extremely competent but also down to earth” and “the team, led by helpful, knowledgeable and efficient counsel Enzo Marasà, provides excellent, high-quality advice and works proactively to find solutions that are practically applicable to the business of the company“. Who’s Who Legal included Enzo in the Competition 2021 guide (“Global Leader”) and among the Competition experts in the Italy 2021 guide (“National Leader”). In 2019 he was given by Legalcommunity an individual award as “Lawer of the year – Rising Star” in the IP & TMT category.

Linked authors

Portolano Cavallo (Milan)
Portolano Cavallo (Milan)
Portolano Cavallo (Milan)
Portolano Cavallo (Milan)
Portolano Cavallo (Milan)

Articles

2941 Bulletin

Enzo Marasà, Irene Picciano, Marianna Riedo The EU Court of Justice confirms the General Court’s judgment and Commission’s decision on pharmaceutical pay-for-delay agreements (Lundbeck)

181

On March 25, 2021, the Court of Justice of the European Union (ECJ) ruled on appeal in the Lundbeck case, confirming the previous judgement of the General Court (GC) that upheld the decision of the European Commission (Commission) on pharmaceutical “pay-for-delay” agreements (Case AT.39226 — (...)

Enzo Marasà, Irene Picciano The EU Commission fines €7.8 billion six video games manufacturers for geo-blocking practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)

138

Over the course of less than two months, in late 2020 and early 2021, the Court of Justice of the European Union (CJEU) and the European Commission (Commission) issued two decisions with diametrically opposed effects on the licensing and business model of copyrighted content across the EEA. (...)

Enzo Marasà, Irene Picciano The EU Court of Justice publishes its judgement stating that the fee structure for music played at festivals adopted by the belgian collecting society is not necessary abusive (SABAM)

29

On November 25, 2020, the Court of Justice (“ECJ”) rendered its judgment in Case C-327/19, stating that the fee structure for music played at festivals adopted by the Belgian collecting society SABAM is not necessarily abusive under Article 102 TFEU. The case originated with a request for a (...)

Luca Tormen, Enzo Marasà The EU Court of Justice decides that a hotel using an online booking platform can challenge a possible abuse of dominance against that platform before a court of the Member State where the hotel is established (Wikingerhof / Booking.com)

36

The Court of Justice of the European Union, in Case 59/19, ruled that, to challenge a possible abuse of dominant position, a hotel using an online booking platform is entitled to bring proceedings against that platform before a court of the Member State where the hotel is established, (...)

Enzo Marasà, Irene Picciano The EU General Court annuls partially the Commission’s decision ordering dawn raids on the premises of French supermarkets and their joint purchasing alliance (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

327

On October 5, 2020, the General Court of the European Union partially annulled decisions of the European Commission ordering dawn raids on the premises of French supermarkets Casino and Intermarché and their joint purchasing alliance INCA Auchats (see cases T-249/17, T-254/17 and T-255/17). The (...)

Enzo Marasà The EU Court of Justice rules that certain anti-concentration limits set forth by the Italian legislation for the protection of media pluralism are incompatible with the competition law (Vivendi / Mediaset)

34

Summary: The CJEU has established that the market concentration thresholds set forth by Article 43(11) of Legislative Decree No. 177/05, and based on the overall revenues of the so called “Integrated System of Communications,” are inadequate to detect or prevent the risk for pluralism and thus (...)

Enzo Marasà The EU Commission issues a communication setting out specific best practices and recommendations for national courts to protect confidential information in private litigation proceedings

28

The protection of confidential information is an issue of increasing importance in today’s business relationships, as well as in cases of litigation before the courts. Indeed, the issue not only arises in connection with modern business contracts, where the parties may exchange in real time and (...)

Ernesto Apa, Enzo Marasà, Livia Petrucci, Maria Cristina Michelini The EU Commission publishes a public consultation on the Digital Services Act covering issues such as online safety, freedom of expression and fairness

25

On June 2 and 3, 2020, the European Commission launched two public consultations concerning firstly a “Digital Services Act” package and secondly a “New Competition Tool” in order to bring EU legal toolkits in line with the latest economic and technological developments. (...)

Livia Petrucci, Enzo Marasà, Irene Picciano The EU Commission publishes its communication containing a temporary framework for assessing antitrust issues related to business cooperation in response to the COVID-19 pandemic

33

On April 8, 2020, the European Commission (“Commission”) published a communication containing a temporary framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak (“European Communication”). At the (...)

Enzo Marasà The Italian Competition Authority criticizes the introduction of legislative provisions that reserve only to pharmacies the provision of certain public health services paid by the national health service

24

The Italian Competition Authority once again criticizes the introduction of legislative provisions that reserve only to pharmacies the provision of certain public health services paid by the NHS The Italian Competition Authority (AGCM or ICA) with letter dated 10 March 2020 sent to the (...)

Irene Picciano, Enzo Marasà The Italian Competition Authority confirms that pre-existing antitrust compliance programs have to play an effective role against the infringements in order to result in a reduction of fines (Telecom Italia)

31

Last decisions adopted at the beginning of 2020 by the Italian Competition Authority (AGCM or ICA; see cases I820 – Fatturazione mensile con rimodulazione tariffaria and A514 – Condotte fibra Telecom Italia ) confirm that the ICA pays utmost attention on the application of the criteria laid down (...)

Enzo Marasà The Italian Competition Authority, the Communications Authority and the Data Protection Authority publish the findings of a joint sector inquiry into the field of big data

231

On February 10, 2020 the Italian Authorities for Communications, Competition and Data Protection published the findings of a joint sector inquiry into the field of Big Data (“Investigation”), which lasted almost three years. It was launched on May 30, 2017 to study the functioning and impact of (...)

Enzo Marasà, Irene Picciano The Italian Competition Authority launches a preliminary investigation based on a number of complaints filed by companies in the maritime transport (Mediterranea Marittima / Medmar Navi / Servizi Marittimi Liberi Giuffré & Lauro / Tra.Spe.Mar)

38

On January 14, 2020, the Italian Competition Authority (AGCM) launched a preliminary investigation based on a number of complaints filed against Mediterranea Marittima S.p.a., Medmar Navi S.p.a., Servizi Marittimi Liberi Giuffré & Lauro S.r.l. and Tra.Spe.Mar. S.r.l, GML Trasporti Marittimi (...)

Enzo Marasà, Irene Picciano The US DoJ announces that a former senior vice president of sales and marketing and a dutch national had been extradited to face price-fixing charges (Ullings)

25

On January 13, 2020, the Antitrust Division of the U.S. Department of Justice announced that a former senior vice president of cargo sales and marketing for Martinair N.V. (Martinair Cargo) and a Dutch national, had been extradited from Italy to the United States to face price-fixing charges. (...)

Claudia Rivieccio, Enzo Marasà The Italian Competition Authority fines three undertakings that have rigged tenders for the national football league for the award of international broadcasting rights (MP Silva / IMG / B4 Capital)

28

By Decision of April 24, 2019, the Italian Competition Authority (AGCM) has ascertained that three undertakings had rigged tenders for the Italian Football League (IFL) for the award of international broadcasting rights from 2008/2009 to 2016/2017. This finding, theoretically, could lead to (...)

Enzo Marasà, Maria Cristina Michelini The Italian Competition Authority investigates an e-commerce company to ascertain whether it had abused its dominant position (Amazon)

34

According to the ICA’s preliminary findings, Amazon only granted sellers using Amazon’s own fulfillment and logistics services (FBA) advantages in terms of offer visibility and sales improvement on the Amazon marketplace, in comparison to sellers that are not customers of Amazon’s FBA services and (...)

Enzo Marasà, Maria Cristina Michelini The EU Commission fines €12,5 million a sportswear company for breaching competition rules through its licensing and distribution agreement with resellers (Nike)

27

On March 25, 2019, the European Commission announced the € 12,555,000 fine issued to Nike for breaching European Union and European Economic Area (EEA) competition rules through its licensing and distribution agreements with resellers, more specifically for prohibiting merchants from making (...)

Enzo Marasà, Eugenio Foco The EU Court of Justice extends the concept of economic continuity to claims for damages so that entities which have violated competition are subject to sanctions (Vantaa / Skanska Industrial Solutions)

28

On March 14, 2019, the Court of Justice of the European Union (CJEU) delivered a landmark judgment in a preliminary referral from the Korkein Oikeus (the Finnish Supreme Court), addressing several pillars of EU competition law (case C-724/17, Vantaa v. Skanska Industrial Solutions and others). (...)

Enzo Marasà The EU General Court holds that patent settlements may be deemed pay-for-delay agreements only if there are reverse payments, and the originator may not be held dominant if the market is not assessed rigorously (Servier)

303

The Servier judgments: patent settlements may be deemed “pay-for-delay” agreements, and thus by-object infringements of Article 101 TFEU only if Commission substantiates strong indication of “reverse payment” or “abnormal inducement” from the originator to the generic; further, the originator cannot (...)

Enzo Marasà The Italian Competition Authority provides useful guidance on under what circumstances an incumbent may associate with a competitor in a public tender for blood derivatives (Kedrion / Grifols)

106

In January 2018 the AGCM launched an investigation for a possible breach of Article 101 TFEU against two international manufacturers of blood-based pharmaceuticals – Kedrion S.p.A (“Kedrion”) and Grifols Italia S.p.A (“Grifols”) – for participating as a joint venture to a public tender (issued by a (...)

Enzo Marasà The EU Commission sends a statement of objection to a multinational company operating in the telecommunications sector alleging a breach of the merger regulation (Altice / PT Portugal)

41

On May 18, 2017, the European Commission (the Commission) sent a “statement of objections” to Altice – a Netherlands-based multinational company operating in the telecommunications (TLC) sector – alleging that it breached the EU Merger Regulation (Regulation N. 139/04, or EUMR) by implementing the (...)

Enzo Marasà The Italian Competition Authority imposes FRAND licensing to a local newspaper in a paradigm for the essential facility doctrine applied to copyrights (Società Iniziative Editoriali)

222

On 20 December 2017, the Italian Competition Authority (or “ICA”) issued a rare infringement decision in an abuse of dominance investigation against the publisher of a local daily newspaper (“SIE”), which refused to deal with a player (the “complainant” or “Euregio”) in the downstream local market for (...)

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