The Italian Competition Authority accepts for the first time commitments but also imposes fines in the same case (Vodafone / TIM / Wind)

On 3 August 2007, the Italian Antitrust Authority ("IAA") closed proceedings initiated against three telecom companies (Tim, Vodafone and Wind) with a decision which affirmed important principles in Italian procedural competition law. There is, however, room for debate as to whether the procedure followed by the IAA on the basis of its interpretation of Article 14-ter of Law n° 287/90 is to be welcomed. For the first time since the IAA was granted the power to accept commitments (see the article by Silvia d'Alberti and Claudia Cattarin, Italy moves further towards the complete liberalisation of markets and a system of effective competition (Bersani's Decree Law), e-Competitions, September 2006-I, n° 12141), the IAA - having opened an investigation against more than one company - has