The Italian Competition Authority issues a landmark judgment in a proceeding for unfair commercial practices in the distribution and selling of patented seedless grapes in Italy (Puglia Association of Growers / Confederazione Italiana Agricoltori Puglia / Comitato Liberi Agricoltori e Commercianti Pugliesi e Lucani)

On 25 May 2021, the Italian Antitrust Authority (“AGCM”) issued a landmark judgment in a proceeding for unfair commercial practices in the distribution and selling of patented seedless grapes in Italy. The proceeding represents one of the few of its kind, not only for the close interlink between IP and competition law, but also because it was initiated under Article 62 of Italian Decree Law n. 1/2012, which gives the competence to the AGCM to investigate commercial practices specifically related to the selling and distribution of agricultural and agri-food products. In the case at stake, the AGCM concluded the investigation by stating the partial inapplicability of the

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Lucia Antonazzi, Federico Marini Balestra, The Italian Competition Authority issues a landmark judgment in a proceeding for unfair commercial practices in the distribution and selling of patented seedless grapes in Italy (Puglia Association of Growers / Confederazione Italiana Agricoltori Puglia / Comitato Liberi Agricoltori e Commercianti Pugliesi e Lucani), 25 May 2021, e-Competitions July 2021 - II, Art. N° 101530

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