Portolano Cavallo (Milan)

Irene Picciano

Portolano Cavallo (Milan)
Lawyer (of Counsel)

Irene joined Portolano Cavallo in 2019, mainly responsible for competition and EU law as well as product, trade and corporate compliance matters. In the area of competition and European law in general, Irene has many years of experience in negotiation and self-assessment of horizontal and vertical agreements under the relevant EU Block Exemption Regulations, including distribution and agency agreements, procurement and long-term supply, production and specialisation agreements, licensing agreements, joint ventures, etc. She also deals with merger and acquisition assessments and notifications, assistance with internal audits and investigations (including “dawn-raids”), compliance programs, proceedings before national and EU authorities and courts in cartel and abuse of dominance cases. She has overseen numerous proceedings for preliminary rulings before the Court of Justice of the European Union on the subject of fundamental freedoms under the EU Treaty and worked on state aid complaints and structural fund issues. Irene has also accrued extensive experience on specific aspects of compliance, not only on antitrust matters and on issues involving the Organizational Model under Legislative Decree No. 231/2001, but also on complex product and trade compliance issues, such as the release for free circulation and related customs aspects, marketing authorizations, export control, dual use, antidumping procedures, labelling, EC marking and related policies. She has gained experience in different industries, particularly in the fashion/luxury, life sciences, automotive, food & beverage and consumer goods industries. Irene graduated in law from the University of Salerno in 1994, and was subsequently awarded a Master’s Degree specializing in European Union Law, Economics and Policies from the European College of Parma. Prior to joining Portolano Cavallo, she was a partner at De Berti Jacchia from 2005 and co-headed its Brussels office, where she was located from 1999 to 2001. She has authored more than 150 legal and academic publications (published, amongst others, in “Rivista di diritto comunitario e degli scambi internazionali”, “Giustizia Civile”, “Le Società” e “I Contratti” IPSOA), and is a Non-Governmental Advisor (NGA) to the EU Commission’s Directorate-General for Competition within the International Competition Network (ICN). She speaks regularly at seminars, conferences and specialist undergraduate and post-graduate university courses on the areas of her expertise. Irene is a member of the Union des Avocats Européennes, the European Law Institute and the Italian Antitrust Association in Brussels and is also co-head of the Corporate Compliance Group within ASLA (Italian Association of Associated Law Firms). Irene has been a Supreme Court attorney since 2012.

Linked authors

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

Articles

3104 Bulletin

Francesco Tognato, Irene Picciano, Enzo Marasà The Italian Competition Authority fines an e-commerce company €1.128 billion for abuse of dominance by making exclusive advantages for its online marketplace conditional upon the purchase of its logistics services (Amazon)

209

On December 9, 2021, the Italian competition authority (the “ICA” or “AGCM”) has levied its highest ever administrative fine—€1.128 billion—on Amazon Europe Core S.à r.l., Amazon Services Europe S.à .r.l., Amazon EU S.à r.l., Amazon Italia Services S.r.l., and Amazon Italia Logistica S.r.l. (...)

Enzo Marasà, Irene Picciano, Francesco Tognato The EU Court of Justice issues a long-awaited judgment clarifying the extent of an undertaking’s liability in follow-on actions (Sumal / Mercedes Benz Trucks España)

335

On October 6, 2021, the Grand Chamber of the Court of Justice of the European Union (the “ECJ” or “Court”) issued a long-awaited decision in case C-882/19, Sumal SL (“Sumal”) v Mercedes Benz Trucks España SL (“MBTE”). The judgment shed light on whether, under EU competition law, the victim of an (...)

Irene Picciano, Enzo Marasà The Italian Competition Authority fines €102 million a Big Tech company for refusal to interoperate and imposes specific remedies requested by the complainant (Google / Enel X)

269

On May 13, 2021, the Italian Competition Authority (the “AGCM” or the “ICA”) fined Alphabet Inc., Google LLC, and Google Italy S.r.l. (“Google”) over 100 million EUR for abusing of a dominant position pursuant to Section 102 of the Treaty on the Functioning of the European Union (“TFEU”). In a rare (...)

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)

216

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 six video games manufacturers €7.8 million for geo-blocking practices (Valve / Bandai Namco / Capcom / Focus Home / Koch Media / ZeniMax)

163

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 judgment stating that the fee structure for music played at festivals adopted by the Belgian collecting society is not necessarily abusive (SABAM)

54

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 (...)

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)

355

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 (...)

Maria Cristina Michelini, Irene Picciano The EU Commission publishes a proposal for the Council and the Parliament to eliminate duties on certain products imported in the EU

30

On September 8, 2020, the European Commission (“Commission”) published a proposal for a Council and European Parliament regulation to eliminate duties on certain products imported to the European Union (full text accessible here). In return, the United States will reduce its duties on certain EU (...)

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

41

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 (...)

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)

39

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, 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)

42

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)

29

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. (...)

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