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8 Jun 2021 C

12th New Frontiers of Antitrust Conference #1 Opening keynote speech by Bruno Le Maire & Foreign Direct Investment Control

Bruno Le Maire, Calvin Goldman, Damien Levie, Dr. Angelika Milger, Jacques Moscianese, Mark D. Powell, Martha Samuelson

1st Webinar of the 12th « New Frontiers of Antitrust Conference » organised by Concurrences, in partnership with Analysis Group, Intesa Sanpaolo and White & Case. Opening remarks by Frédéric Jenny (Chairman, OECD Competition Committee | Professor, ESSEC) and Bruno Le Maire (French Minister for (...)

2 Jun 2021 R

Existing aid: The General Court of the European Union confirms that the financing of the Italian Health Insurance by the social security contributions of the members and by State resources does not constitute State aid (Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo)

Alain Ronzano • N° 2-2021

On 2 June 2021, the General Court of the European Union delivered a judgment in State aid case T-223/18 (Casa Regina Apostolorum della Pia Società delle figlie di San Paolo v European Commission). It confirmed that the health care service activities carried out within the framework of the (...)

20 May 2021 R

New aid: The Court of Justice of the European Union rules that a national measure providing for the payment of compensation to farmers for the slaughter of sick animals and based on a law adopted previously constitutes new aid (Azienda Sanitaria Provinciale di Catania / Assessorato della Salute della Regione Siciliana)

Alain Ronzano • N° 2-2021

On 20 May 2021, the Court of Justice of the Union delivered its judgment in State aid case C-128/19 (Azienda Sanitaria Provinciale di Catania v Assessorato della Salute della Regione Siciliana)following a request for a preliminary ruling by the Italian Court of Cassation. The dispute in the (...)

13 May 2021 B

The Italian Competition Authority fines a big tech company 100 million euros for abusing its dominant position (Google / Enel X)

Italian Competition Authority • Preview

ICA: Google fined over 100 million for abuse of dominant position The Antitrust Authority has ordered Google to include in Android Auto the Enel X app allowing the use of services related to the recharging of electric vehicles. The Italian Competition Authority has imposed a fine of over 100 (...)

1 May 2021 R

Italy: Exclusionary abuses in digital markets – Recent developments in the practice of the Italian Competition Authority

Chiara Muraca, Giulia Ferrari • N° 2-2021

The Italian Competition Authority (ICA) is playing a leading role in bringing Article 102 TFEU cases in digital markets. Three ongoing cases against Google and Amazon well reflect the main issues concerning exclusionary abuses in digital markets and the approach the ICA is taking, thus (...)

27 Apr 2021 B

The Italian Competition Authority fines a big tech company for abusive conduct in the digital markets (Google)

Michele Giannino • Preview

By a decision handed down in the Google/Enel X case, the Italian Competition Authority (ICA) has fined Alphabet Inc., Google LLC and Google Italy Srl (hereinafter Google) for infringing Article 102 TFEU. Google bused its dominant position because not allowing the release of JuicePass, an app (...)

25 Apr 2021 B

The Italian Government welcomes legislative proposals on competition law reform

Denis Fosselard, Gabriele Accardo, Giulia Carnazza • June 2021

On 25 April 2021, the Italian Government submitted its Recovery and Resilience National Plan ("PNRR") to the national Parliament, which included proposals on competition law reform by the Italian Competition Authority ("ICA"). Key takeaways Reforming competition law is among the priorities of (...)

15 Apr 2021 R

Corporate group: The Court of Justice of the European Union confirms that the application of the presumption of the effective exercise of decisive influence by the parent company over its subsidiary does not violate the principle of legal certainty, the principle of legality of penalties or the principle of the presumption of innocence (Italmobiliare)

Alain Ronzano • N° 2-2021

On 15 April 2021, the Court of Justice of the European Union delivered a judgment in case C-694/19 (Italmobiliare and Others v. European Commission). By the terms of the present judgment, the Court dismisses in its entirety the appeal brought by Italmobiliare, the parent company of a group, (...)

1 Apr 2021 C

Private Enforcement #4 Imputability, interest in bringing an action and causal link

Mélanie Thill-Tayara, Hugues Parmentier, David Bosco, Mercedes Pedraz Calvo, Marina Tavassi

4th Webinar of the 6th « Private Enforcement Conference » organised by Concurrences, in partnership with Dechert, with David Bosco (Professor, Aix-Marseille Université), Hugues Parmentier (Policy officer - ECN & private enforcement, DG COMP), Mercedes Pedraz Calvo (Judge, Audiencia Nacional), (...)

23 Mar 2021 B

The Italian Competition Authority sends to the government its proposal aiming at removing potential legal or administrative burdens to the opening of markets and ensure the development of competition as well as promoting the economic recovery of the country

Veronica Pinotti, Martino Sforza • February 2021

On 23 March 2021, the Italian Competition Authority (“ICA”) sent to the Italian government its proposals for changes to the Italian competition law for inclusion in the “annual law for competition” pursuant to Article 47 of Law 99/2009. The ICA reform proposals affect a broad variety of industries (...)

23 Mar 2021 B

The Italian Competition Authority proposes pro-competitive legislative changes to the Government

Sabrina Borocci, Luigi Nascimbene, Stefano Prinzivalli Castelli • March 2021

The document provides a summary of the proposal for pro-competitive legislative changes submitted by the Italian Competition Authority to the Italian Government on 23 March 2021. The Italian Competition Authority identifies eight trajectories of possible reform: 1. Measures to encourage and (...)

23 Mar 2021 B

The Italian Competition Authority proposes an extensive competition law reform

Giovanni Pregno, Francesco Pili • June 2021

On 23 March 2021, the Italian Competition Authority (“ICA”) submitted to the Italian Government a set of proposals to modify the Italian Competition Act (the “Proposal”). The Proposal concerns a wide range of areas, including the digital sector, certain network industries (e.g., port services and (...)

23 Mar 2021 B

The Italian Competition Authority proposes procedural reforms to promote national competition

Francesca Morra • June 2021

On 23 March 2021, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “ICA” or the “Authority”), in its consulting role for the Government in the context of the enactment of the annual competition law, issued a series of proposals for reforms. The result is a (...)

23 Mar 2021 B

The Italian Competition Authority issues its 2021 recommendations to the government

Federico Marini Balestra, Lucia Antonazzi • June 2021

Alongside its enforcement powers, the Italian Competition Authority (the “Authority”) also has a legislative advisory role where it issues proposals to the Italian Government, in view of the annual competition law. The Authority’s 2021 recommendations, issued on 23 March mostly relate to areas in (...)

18 Mar 2021 B

The Italian Highest Administrative Court refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen • March 2021

1. Background of Case On 18 March 2021, the Italian highest administrative court, the Consiglio di Stato (the CS), decided to refer a case under its review for the second time to the Court of Justice of the European Union (CJEU) pursuant to Article 267 TFEU. The case finds its origin in a (...)

18 Mar 2021 B

The Italian Highest Administrative Court refers the dispute of a pharmaceutical company to the EU Court of justice for the second time (Avastin / Lucentis)

Federico Marini Balestra • March 2021

On 18 March 2021, the Italian Supreme Administrative Court (“Consiglio di Stato” or “CdS”) wrote a new episode in the long-lasting Hoffman La Roche - Novartis saga related to the Avastin drug, which may have serious repercussions on the relationship between EU and national judges. To recall, in (...)

10 Mar 2021 B

The EU Commission approves €511 million Italian State aid scheme to compensate commercial rail passenger operators for damages suffered due to the COVID-19 outbreak

European Commission • February 2021

State aid: Commission approves €511 million Italian scheme to compensate commercial rail passenger operators for damages suffered due to coronavirus outbreak* The European Commission has approved, under EU State aid rules, €511 million in Italian support to compensate providers of commercial, (...)

5 Mar 2021 B

The Italian Competition Authority closes its investigation against a national gas distributor for an alleged abuse of dominant position after it addressed competition concerns (Italgas)

Italian Competition Authority • February 2021

ICA: Italgas commitments accepted for the tender concerning the gas distribution service in some municipalities of the province of Venice* According to the Authority, the competitive concerns that had led to the opening of the investigation in May 2020 have been solved L’Autorità Garante della (...)

5 Mar 2021 B

The Italian Competition Authority accepts a company’s commitments in abuse of dominance probe in the market for natural gas distribution (Italgas)

Sabina Pacifico • March 2021

The Italian Competition Authority ("ICA") has recently closed with commitments an investigation against Italgas for an alleged abuse of dominance consisting of the refusal to supply essential information to the Venice municipality which was launching a tender concerning gas distribution (...)

2 Mar 2021 C

EU Digital Markets: Where do Member States stand?

Martijn Snoep, Jacques Steenbergen, Gabriella Muscolo, Ingrid Vandenborre, Bill Batchelor

Webinar of the "Law & Economics" Series organised by Concurrences, in partnership with Skadden, with Gabriella Muscolo (Commissioner, Italian Competition Authority), Martijn Snoep (Chairman, The Netherlands Authority for Consumers & Markets), Jacques Steenbergen (President, Belgian (...)

2 Mar 2021 B

The EU Court of Justice decides that the measures adopted by a consortium of Italian banks to support one of its members do not constitute State aid (Banca Popolare di Bari)

European Court of Justice • February 2021

The Court of Justice dismisses the appeal brought by the Commission against the judgment of the General Court concerning the measures adopted by a consortium of Italian banks to support one of its members* The General Court rightly found that those measures do not constitute State aid because (...)

23 Feb 2021 B

The Italian Competition Authority ends an infringement proceeding by adopting a commitment decision following a natural gas distributor’s abusive conduct (Italgas)

Michele Giannino • February 2021

By a commitment decision made on 23 February 2021 the Italian Competition Authority (ICA) has closed an Article 102 TFEU investigation against a distributor of natural gas. This undertaking was found to have abused its dominant position by frustrating a competitive tender procedure organized by (...)

2 Feb 2021 B

The Italian Competition Authority opens an investigation on an alleged anticompetitive agreement in the audiovisual market (SIAE)

Federico Marini Balestra, Lucia Antonazzi • February 2021

On 2 February 2021, the Italian National Competition Authority (“AGCM”) opened an investigation against the Italian Society for Authors and Publishers (“SIAE”) – organisation responsible for the collective management of copyright in Italy – and various trade associations with a view to ascertain the (...)

28 Jan 2021 B

The EU Commission publishes its new Temporary Framework for State Aid measures to support the economy during the Covid-19 pandemic

Phedon Nicolaides • January 2021

Liquidity Assistance to Banks to Counter the Effects of Covid-19* Any direct public support of financial institutions affected by covid-19 has to comply with both State aid rules and the rules of the banking union. Introduction The Temporary Framework for State aid to combat covid-19 (...)

21 Jan 2021 B

The EU Commission approves €325 million public support to provide schools in Italy with very high internet speed

European Commission • January 2021

State aid: Commission approves €325 million public support to provide schools in Italy with very high internet speed* The European Commission has approved, under EU State aid rules, €325 million of public support to connect 12,000 schools in Italy to very high-speed internet. The schools that (...)

4 Jan 2021 B

The Italian Competition Authority closes investigations against two football teams for unfair clauses in season ticket contracts(Brescia / Lecce)

Italian Competition Authority • January 2021

ICA: investigations closed against the Brescia and Lecce football teams for unfair clauses in season ticket contracts* The football clubs have modified their contractual conditions, however Lecce’s clauses excluding reimbursement in the event of supervening impossibility of providing the (...)

30 Dec 2020 B

The Italian Competition Authority opens fourteen investigations into a national dairy products distributor for alleged unfair practices to the detriment of the contributing farmers (As many dairies)

Italian Competition Authority • December 2020

ICA: fourteen investigations opened into as many dairies for alleged unfair practices to the detriment of the contributing farmers* The proceedings were initiated following reports by the Italian Ministry of Agricultural, Food and Forestry Policies The Italian Competition Authority (Autorità (...)

29 Dec 2020 B

The EU Commission approves €73 million of Italian support to compensate national airline for further damages suffered due to coronavirus outbreak (Alitalia)

European Commission • December 2020

State aid: Commission approves €73 million of Italian support to compensate Alitalia for further damages suffered due to coronavirus outbreak* The European Commission has found €73.02 million of Italian support in favour of Alitalia to be in line with EU State aid rules. This measure aims at (...)

28 Dec 2020 B

The Italian Supreme Administrative Court upholds the Competition Authority’s judgment ruling that the allocation of broadcasting rights is not the result of an anticompetitive agreement between companies in the pay-TV sector (League/ Infront / Sky / Mediaset)

Federico Marini Balestra, Lucia Antonazzi • December 2020

On 28 December 2020, the Italian Supreme Administrative Court (Consiglio di Stato – "CDS") issued a judgment marking the last act in the national judicial dispute related to the assignment of the Lega Serie A (i.e. the main national professional league in Italy – "the League") broadcasting rights (...)

22 Dec 2020 B

The Italian Competition Authority clears a merger in the postal sector creating a near-monopoly position in multiple markets (Poste Italiane / Nexive)

Cesare Pozzi, Davide Quaglione • November 2020

Poste Italiane S.p.A. (hereinafter also referred to as ’Poste’) is the publicly listed company that heads the Group of the same name, which is active not only in the postal sector but also in many other areas, including financial and insurance services. Poste Italiane is the provider of the (...)

22 Dec 2020 B

The Italian Competition Authority fines a national ticket sale company €10 million for abuse of dominant position (TicketOne)

Italian Competition Authority • January 2021

TicketOne fined for €10 million for abuse of dominant position* The group has implemented a complex strategy aimed at precluding competing operators from selling a high number of tickets for live pop music events. Consumers, unable to benefit from better services and lower prices charged by (...)

22 Dec 2020 B

The Italian Competition Authority applies a COVID-19 related provision to clear a merger in the postal sector (Poste Italiane / Nexive)

Giovanni Pregno • December 2020

On 22 December 2020, the Italian Competition Authority (“ICA”) cleared the incumbent postal firm Poste Italiane’s (“PI”) acquisition of the sole control over its main rival Nexive Group (“Nexive”). The ICA did not apply the usual merger control rules in this case, but rather cleared the transaction (...)

22 Dec 2020 B

The Italian Competition Authority condemns a ticketing and marketing company for committing exclusionary abuse (TicketOne)

Giovanni Pregno • December 2020

On 22 December 2020, the Italian Competition Authority (“ICA”) imposed a fine of around € 10.8 million on several companies belonging to the ticketing and marketing for music company, CTS Eventim-TicketOne group (“TicketOne”) for abuse of its dominant position on the Italian market for the sale of (...)

22 Dec 2020 B

The Italian Competition Authority fines main national ticket operator €10.9 million for abuse of dominant position (TicketOne)

Lucia Antonazzi, Federico Marini Balestra • December 2020

On 22 December 2020, the Italian Competition Authority (AGCM) issued an important decision fining CTS Eventim €10.9 million for having implemented an unlawful exclusive strategy in the Italian market of pop music events ticket sellers. In September 2018, the AGCM launched an investigation (...)

22 Dec 2020 B

The Italian Competition Authority fines a national ticket operator for abuse of dominant position in the entertainment sector (TicketOne)

Cesare Pozzi, Ernesto Cassetta, Umberto Monarca • December 2020

TicketOne S.p.A. (hereinafter "TicketOne") is the leading company in Italy in ticketing, marketing, information and e-commerce services, with specific reference to live music events. TicketOne is controlled by CTS Eventim AG & Co. KGaA, which holds 99.65% of the share capital. CTS Eventim (...)

21 Dec 2020 B

The Italian Competition Authority launches an investigation into contracts for the establishment of a national telecommunications company (FiberCop)

Italian Competition Authority • December 2020

ICA: investigation launched into contracts for the establishment of FiberCop* Telecom Italia, Fastweb, Teemo Bidco, FiberCop, Tiscali Italia and KKR & Co. under investigation. According to the Authority, developing fibre telecommunication networks is crucial for the country Autorità (...)

18 Dec 2020 B

The Italian Competition Authority fines American crowdfunding platform for unfair commercial practices (GoFundMe)

Italian Competition Authority • December 2020

ICA: 1.5 million fine to GoFundMe for unfair commercial practices* The fundraising platform has provided misleading information on the absence of costs as to making donations and has preset the commission in its favor with the possibility of modifying it after several steps that are not always (...)

17 Dec 2020 B

Foreign investment: An overview of EU and national case law

Christian Ahlborn, Christoph Barth, David-Julien dos Santos Goncalves • Foreign Investment

This foreword provides an overview of the developments of foreign investment (“FI”) regimes globally during 2020 and, more specifically, highlights the trends over the year in the area of FI. Historically, the European Union (“EU”) has had one of the most open investment regimes in the world and (...)

17 Dec 2020 R

Notification: Advocate General Tanchev calls on the Court of Justice of the European Union to hold that a national measure providing for the payment of compensation to farmers for the slaughter of sick animals on the basis of a previously adopted law constitutes new aid, which, however, after verification by the national court, may qualify for exemption from notification or even constitute de minimis aid (Azienda Sanitaria Provinciale di Catania)

Alain Ronzano • N° 1-2021

On 17 December 2020, Advocate General Evgeni Tanchev presented his conclusions. in State aid Case C-128/19 (Azienda Sanitaria Provinciale di Catania v Assessorato della Salute della Regione Siciliana): reference for a preliminary ruling from the Italian Court of Cassation. The dispute in the (...)

12 Dec 2020 B

The Italian Supreme Administrative Court upholds the annulment of the National Competition Authority decision to fine broadcasters for an alleged anti-competitive agreement in the pay-TV service sector (Mediaset / Sky Italia / Italian Football League / Infront)

Denis Fosselard, Gabriele Accardo, Giulia Carnazza • December 2020

On 12 December 2020, Italy’s highest administrative court, the Council of State, upheld the annulment of the Italian Competition Authority’s ("ICA") decision to fine broadcasters Mediaset and Sky Italia, the Italian Football League, and marketing agency Infront a total of €66m for an alleged (...)

10 Dec 2020 R

Private investor: The Court of Justice of the European Union rejects the appeal of an Italian city, considering that the General Court of the European Union has correctly applied the criterion of private investor to the aid granted in the form of capital increases in a company in charge of ground handling at two airports (Comune di Milano / European Commission)

Alain Ronzano • N° 1-2021

On 10 December 2020, the Court of Justice of the European Union delivered its judgment in Case C-160/19 (Comune di Milano v. European Commission).. In that case, which mainly raised the question of the application of the criterion of the private investor acting in a market economy, the Court (...)

4 Dec 2020 B

The EU Commission requires Italy to abolish corporate tax exemptions granted to its ports

European Commission • December 2020

State aid: Commission requires Italy to put an end to tax exemptions for ports* The European Commission has required Italy to abolish the corporate tax exemptions granted to its ports, in order to align its tax regime with EU State aid rules. Profits earned by port authorities from economic (...)

3 Dec 2020 B

The EU Commission approves €625 million Italian scheme to support tour operators and travel agencies affected by COVID-19 outbreak

European Commission • December 2020

State aid: Commission approves €625 million Italian scheme to support tour operators and travel agencies affected by coronavirus outbreak* The European Commission has approved a €625 million Italian scheme to support tour operators and travel agencies in Italy affected by the coronavirus (...)

2 Dec 2020 C

8th Global Merger Control Conference #1 Joint interview with Isabelle de Silva & The ECJ Three/O2 ruling: Everything changed?

Isabelle de Silva, Gabriella Muscolo, Ian Forrester, Gabriel Lluch, Mélanie Thill-Tayara, Laurence Bary, David Foster, Laurent Flochel

1st Webinar of the « 8th Global Merger Control Conference » organised by Concurrences, in partnership with Dechert, CRA and Frontier Economics. Opening discussion with Isabelle de Silva (President, Autorité de la concurrence), Laurent Flochel (Vice President, CRA) and Mélanie Thill-Tayara (Partner, (...)

2 Dec 2020 R

Italy: The Court of Milan rules on the extent of the evidentiary value of the decision of the Competition Authority and the civil consequences (Compass Banca)

Silvia Pietrini • N° 1-2021 • pp. 230-231

By a judgment of 2 December 2020, published 5 days later, the Regional Administrative Court of Lazio ["TAR Lazio"] rejected the appeal filed by a banking institution against the decision of the Competition and Market Authority ["AGCM"] or ["Competition Authority"] which, with a view to civil (...)

1 Dec 2020 B

The EU Commission approves State compensation granted by Italy to national postal service for its universal service obligation (Poste Italiane)

European Commission • December 2020

State aid: Commission approves State compensation granted by Italy to Poste Italiane for its universal postal service obligation* The European Commission has found the compensation granted by Italy to Poste Italiane to fulfil its public service mission (so-called ‘universal service obligation’ (...)

27 Nov 2020 R

De minimis aid: The Italian Supreme Court overturns a lower Court judgment for not having controlled the de minimis ceiling (P. SPA in A.S)

Francesco Martucci • N° 2-2021 • p. 146

By an order dated 27 November, the Italian Court of Cassation condemned a lower court for not correctly applying the de minimis state aid rule. The applicant company had challenged the administration’s refusal of a tax deduction on the grounds that the de minimis aid ceiling had been exceeded. (...)

25 Nov 2020 B

The Italian Competition Authority investigates national fashion retailer for alleged abuse of economic dependence in franchising agreements (Benetton)

Italian Competition Authority • November 2020

A543 - ICA: Benetton under investigation for an alleged abuse of economic dependence in franchising agreements* According to the Authority, the group might have obliged its retailers to maintain a sales structure and a commercial organisation tailored to Benetton’s needs and such as to prevent (...)

25 Nov 2020 B

The Italian Competition Authority opens a proceedings on abuse of economic dependence in a franchise agreements (Benetton)

Enzo Marasà • November 2020

On November 25, 2020, the Italian Competition Authority (“ICA”) opened an investigation regarding the Benetton Group (“Benetton”) and its suspected abuse of economic dependence pursuant to Sec. 9, para. 3 bis, of Law No 192 of June 18, 1998, in relation to two franchising agreements with identical (...)

24 Nov 2020 B

The Italian Administrative Court annuls fines imposed by the Competition Authority for an alleged automotive financial services cartel (Banca / Banque PSA / Santander Consumer Bank / BMW Bank...)

Giovanni Pregno • November 2020

On 24 November 2020, the Italian Regional Administrative Court for Lazio (“IRAC”) annulled a decision issued by the Italian Competition Authority (“ICA”) in the automotive financial services cartel case in which a total fine of € 678 million was imposed (“Decision”). On 20 December 2019, the ICA had (...)

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