Relevant legislation and statutory standards

Law No 287 of 10 October 1990

The fundamental legislation governing merger control in Italy is Law No 287 of 10 October 1990, Norme per la tutela della concorrenza e del Mercato, as amended (Law No 287/1990). This legislation created the Autorità Garante della Concorrenza e del Mercato (‘the Authority’), an independent agency charged with the enforcement of Law No 287/1990. Before 1990, competition in Italy was protected only by the European Commission (‘the Commission’), as well as by private enforcement of European Union (EU) law and Italian Civil Code provisions on unfair competition.

Law No 287/1990 (which also addresses restrictive agreements and abuses of a dominant position) sets forth a system of mandatory notification of concentrations between undertakings that meet certain turnover thresholds. It is directed at preventing concentrations that lead to the creation or strengthening of a dominant position as a result of which competition would be significantly restricted on a lasting basis in the national market.