INTERNATIONAL: ITALY - DOMINANCE - EXCLUSIONARY ABUSES - DIGITAL MARKETS

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

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 contributing to the overall debate about antitrust enforcement vis-à-vis digital ecosystems.

I. Introduction 1. The activity of the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato—“AGCM” or “ICA”), as well as those of many other competition agencies, has been affected by the health crisis caused by Covid-19 and its consequences on the real economy. However, even before the pandemic outbreak, the ICA’s enforcement practice has been characterized by two primary trends. First of all, the Italian Authority has paid increasing attention and resources to prosecute those practices that mostly affect people in their ordinary life. In other words, the ICA has focused its enforcement practice against both restrictive agreements and abusive strategies in those specific markets, such as in the food sector, pharmaceuticals, school publishing, where a restriction

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Authors

  • Bocconi University (Milan)
  • Bocconi University (Milan)

Quotation

Chiara Muraca, Giulia Ferrari, Italy: Exclusionary abuses in digital markets – Recent developments in the practice of the Italian Competition Authority , May 2021, Concurrences N° 2-2021, Art. N° 100090, www.concurrences.com

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