2 results
Italy
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- By Mario Siragusa, Cleary Gottlieb Steen & Hamilton LLP, Rome and Milan, Matteo Beretta, Cleary Gottlieb Steen & Hamilton LLP, Rome and Milan
- General editor Maher M. Dabbah, Queen Mary University of London, Paul Lasok QC
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- Book:
- Merger Control Worldwide
- Published online:
- 05 November 2014
- Print publication:
- 31 May 2012, pp 783-842
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- Chapter
- Export citation
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Summary
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.
15 - Italy
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- By Mario Siragusa, Matteo Beretta, Cleary Gottlieb Steen & Hamilton, LLP, Rome/Milan
- General editor Maher M. Dabbah, Queen Mary University of London, K. P. E. Lasok QC
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- Book:
- Merger Control Worldwide
- Published online:
- 30 July 2009
- Print publication:
- 29 May 2008, pp 67-72
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- Chapter
- Export citation
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Summary
Decision-making bodies and enforcement authority(ies)
Law No. 262 of 28 December 2005 abrogated Article 20(2), (3) and (6) of Law No. 287/1990 which attributed the power to enforce Italian competition law in cases affecting core banking activities to the Bank of Italy. As a result, the Antitrust Authority (“the Authority”) is now the exclusive enforcement body as far as all competition matters are concerned.
For lack of jurisdiction, the Bank of Italy has closed all its pending investigations and has dismantled its specialized Antitrust Unit.
Notification requirements and procedures
Mandatory or voluntary notification
Definition of “concentration” under Law No. 287/90
Acquisition of sole control. Under particular circumstances, sole control may be ascertained even in the absence of a formal participation in the capital of the controlled undertaking. This is shown by an interesting decision in which the Authority assessed that Tetra Pak International SA (“Tetra Pak”) had exercised de facto control over Italpack Srl (“Italpack”) for almost ten years, thus infringing a 1993 decision by which the Authority prohibited Tetra Pak's proposed acquisition of Italpack. The decision is noteworthy since the Authority reached such conclusion notwithstanding the fact that Eaglepack Italia, a third independent company, formally acquired Italpack in 1995.