The Italian Government issues legislation giving, inter alia, power to the Antitrust Authority to impose interim measures (Bersani Decree)

The new legislation Last July, the Italian Government issued legislation (Law Decree of 4 July 2006, named the Bersani Decree after its promoter) which, inter alia, gave the Italian Antitrust Authority (IAA) the power to impose interim measures. In particular, the Bersani Decree amended the existing powers and procedures of the IAA (granted under Law n° 287/90 (Italian Antitrust Act)) to bring about consistency between the EC and Italian antitrust rules. In this regard a new provision (Article 14 bis) has been included in the Italian Antitrust Act. The old position Before the Bersani Decree and the amendment of the Italian Antitrust Act there was, in fact, a serious gap in the IAA's powers. On the one hand, Article 5 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the

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Authors

  • Gattai, Minoli, Agostinelli, Partners (Brussels)
  • Gattai, Minoli, Agostinelli, Partners (Roma)
  • Paul Hastings (Milan)

Quotation

Silvia D'Alberti, Claudia Cattarin, Francesca Morra, The Italian Government issues legislation giving, inter alia, power to the Antitrust Authority to impose interim measures (Bersani Decree), 14 December 2006, e-Competitions Bulletin December 2006, Art. N° 13335

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