Italy (April 30, 1998) - Revision history

LMyhre at 18:54, 24 July 2008

2008-07-24T18:54:03Z

← Older revision		Revision as of 18:54, 24 July 2008
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	'''Score = 23'''		'''Score = 22'''

	''Governed by:''		''Governed by:''
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	\| Private Enforcement		\| Private Enforcement
	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 0
	\| Law no. 287, Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.<ref>In addition, as of 2001, Law No. 57, Section 11(3-bis) permits the Competition Authority to investigate complaints filed by third parties regarding abuses of economic dependence that may affect competition or a free market. See http://www.agcm.it/eng/E7.htm </ref>		\|

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LMyhre at 07:03, 14 July 2008

2008-07-14T07:03:27Z

← Older revision		Revision as of 07:03, 14 July 2008
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	\| Eliminating Competitors		\| Eliminating Competitors
	\| 1		\| 1
	\| Law no. 287 does not mention eliminating competitors specifically; however, the Competition Authority interprets it as forbidding behavior that has ~~that~~ effect.<ref>http://www.agcm.it/eng/A22.htm</ref>.		\| Law no. 287 does not mention eliminating competitors specifically; however, the Competition Authority interprets the law as forbidding behavior that has the effect of "inducing [competitors] to abandon their operations".<ref>http://www.agcm.it/eng/A22.htm</ref>.

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LMyhre at 06:50, 14 July 2008

2008-07-14T06:50:13Z

← Older revision		Revision as of 06:50, 14 July 2008
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	'''Score = 22'''		'''Score = 23'''

	''Governed by:''		''Governed by:''

LMyhre at 06:48, 14 July 2008

2008-07-14T06:48:55Z

← Older revision		Revision as of 06:48, 14 July 2008
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	'''Score = 25'''		'''Score = 22'''

	''Governed by:''		''Governed by:''

LMyhre at 06:46, 14 July 2008

2008-07-14T06:46:36Z

← Older revision		Revision as of 06:46, 14 July 2008
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	\|		\|
	\| Efficiency		\| Efficiency
	\| 1		\| 0
	\|		\|

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	\|		\|
	\| Efficiency Defense		\| Efficiency Defense
	\| 1		\| 0
	\| ~~Law no. 287, Section 3, prohibits business entities from abusing a dominant position in a market, but not necessarily from occupying such a position.~~		\|

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Eliminating Competitors		\| Eliminating Competitors
	\| 1		\| 1
	\| Law no. 287~~, Section 6(1) requires that the Competition Authority consider whether a merger will result in the elimination of competition in general, but~~ not ~~existing~~ competitors specifically~~. The Authority must consider market access~~, ~~ease of market entry, and several other factors related to~~ the ~~structure of~~ that ~~market and the future of competition in~~ that ~~market~~.		\| Law no. 287 does not mention eliminating competitors specifically; however, the Competition Authority interprets it as forbidding behavior that has that effect.<ref>http://www.agcm.it/eng/A22.htm</ref>.

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LMyhre at 23:35, 11 July 2008

2008-07-11T23:35:15Z

← Older revision		Revision as of 23:35, 11 July 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Law no. 287, Section 15 allows fines for failure to remedy violations, depending on the gravity and duration of the infringement. Section 19 imposes fines for failure to comply with prohibitions on concentrations or the merger notification requirement.<ref>In addition, amendments in 2006 added Section 14-bis, which ~~allows~~ fines ~~if interim measures are ordered but~~ companies fail to comply, and Section 14-ter, which ~~allows~~ fines ~~if ccompanies fail to~~ keep commitments they ~~have~~ made to rectify anti-competitive conduct. [As intoduced by section 14(1) of Decree Law 223/2006 converted, with modifications, by Law no 248 of 4 August 2006.] See http://www.agcm.it/AGCM_ENG/NORMATIV/E_NORMNA.NSF/b50758bf27025fecc125653d00467db4/d6cd09a87f1832b7802564a000533ce6?OpenDocument</ref>		\| Law no. 287, Section 15 allows fines for failure to remedy violations, depending on the gravity and duration of the infringement. Section 19 imposes fines for failure to comply with prohibitions on concentrations or the merger notification requirement.<ref>In addition, amendments in 2006 added Section 14-bis, which makes fines possible when companies fail to comply with interim measures, and Section 14-ter, which permits fines when companies do not keep commitments they made to rectify their anti-competitive conduct. [As intoduced by section 14(1) of Decree Law 223/2006 converted, with modifications, by Law no 248 of 4 August 2006.] See http://www.agcm.it/AGCM_ENG/NORMATIV/E_NORMNA.NSF/b50758bf27025fecc125653d00467db4/d6cd09a87f1832b7802564a000533ce6?OpenDocument</ref>

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LMyhre at 23:30, 11 July 2008

2008-07-11T23:30:03Z

← Older revision		Revision as of 23:30, 11 July 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Law no. 287, Section 15 allows fines for failure to remedy violations, depending on the gravity and duration of the infringement. Section 19 imposes fines for failure to comply with prohibitions on concentrations or the merger notification requirement.		\| Law no. 287, Section 15 allows fines for failure to remedy violations, depending on the gravity and duration of the infringement. Section 19 imposes fines for failure to comply with prohibitions on concentrations or the merger notification requirement.<ref>In addition, amendments in 2006 added Section 14-bis, which allows fines if interim measures are ordered but companies fail to comply, and Section 14-ter, which allows fines if ccompanies fail to keep commitments they have made to rectify anti-competitive conduct. [As intoduced by section 14(1) of Decree Law 223/2006 converted, with modifications, by Law no 248 of 4 August 2006.] See http://www.agcm.it/AGCM_ENG/NORMATIV/E_NORMNA.NSF/b50758bf27025fecc125653d00467db4/d6cd09a87f1832b7802564a000533ce6?OpenDocument</ref>

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	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| Law no. 287, Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.		\| Law no. 287, Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.<ref>In addition, as of 2001, Law No. 57, Section 11(3-bis) permits the Competition Authority to investigate complaints filed by third parties regarding abuses of economic dependence that may affect competition or a free market. See http://www.agcm.it/eng/E7.htm </ref>

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LMyhre at 20:30, 10 July 2008

2008-07-10T20:30:43Z

← Older revision		Revision as of 20:30, 10 July 2008
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	Law no. 287 of October 10th, 1990 - Competition and Fair Trading Act (Official Gazette no. 240 of 13 October 1990)<ref>http://www.agcm.it/AGCM_ENG/NORMATIV/E_NORMNA.NSF/b50758bf27025fecc125653d00467db4/d6cd09a87f1832b7802564a000533ce6?OpenDocument</ref>		Law no. 287 of October 10th, 1990 - Competition and Fair Trading Act (Official Gazette no. 240 of 13 October 1990)<ref>http://www.agcm.it/AGCM_ENG/NORMATIV/E_NORMNA.NSF/b50758bf27025fecc125653d00467db4/d6cd09a87f1832b7802564a000533ce6?OpenDocument</ref>

	~~Law no. 57 of March 5th, 2001 (Section 11) - Provisions governing the opening and regulation of markets (Official Gazzette no. 66 of 20 March 2001)<ref>http://www.agcm.it/eng/E7.htm</ref>~~

	Presidential Decree no. 217 of April 30th, 1998 - Procedure regulations that guarantee to the parties full knowledge of the acts, and minutes taken during hearings, with regard to the activities of the Authority (Official Gazette no. 158 of 9 July 1998).<ref>http://www.agcm.it/agcm_ENG/NORMATIV/E_NORMNA.NSF/3f0c7d0babd6a38bc1256bb800327ceb/89f1b657d76e4b3fc1256bb8003610f6?OpenDocument</ref>		Presidential Decree no. 217 of April 30th, 1998 - Procedure regulations that guarantee to the parties full knowledge of the acts, and minutes taken during hearings, with regard to the activities of the Authority (Official Gazette no. 158 of 9 July 1998).<ref>http://www.agcm.it/agcm_ENG/NORMATIV/E_NORMNA.NSF/3f0c7d0babd6a38bc1256bb800327ceb/89f1b657d76e4b3fc1256bb8003610f6?OpenDocument</ref>
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Law no. 287, Section 15 allows fines for failure to remedy violations, depending on the gravity and duration of the infringement. Section 19 imposes fines for failure to comply with prohibitions on concentrations or the merger notification requirement. Section 14-''bis'' allows fines if interim measures are ordered but companies fail to comply. Section 14-''ter'' permits fines if ccompanies fail to keep commitments they have made to rectify anti-competitive conduct.		\| Law no. 287, Section 15 allows fines for failure to remedy violations, depending on the gravity and duration of the infringement. Section 19 imposes fines for failure to comply with prohibitions on concentrations or the merger notification requirement.

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	\| 1		\| 1
	\| Law no. 287, Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.		\| Law no. 287, Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.
	Law No. 57, Section 11(3-''bis'') permits the Competition Authority to investigate complaints filed by third parties regarding abuses of economic dependence that may affect competition or a free market.

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LMyhre: New page: '''Score = 25''' ''Governed by:'' Law no. 287 of October 10th, 1990 - Competition and Fair Trading Act (Official Gazette no. 240 of 13 October 1990)http://www.agcm.it/AGCM_ENG/NOR...

2008-07-10T20:24:58Z

New page: '''Score = 25''' ''Governed by:'' Law no. 287 of October 10th, 1990 - Competition and Fair Trading Act (Official Gazette no. 240 of 13 October 1990)<ref>http://www.agcm.it/AGCM_ENG/NOR...

New page

'''Score = 25'''

''Governed by:''

Law no. 287 of October 10th, 1990 - Competition and Fair Trading Act (Official Gazette no. 240 of 13 October 1990)<ref>http://www.agcm.it/AGCM_ENG/NORMATIV/E_NORMNA.NSF/b50758bf27025fecc125653d00467db4/d6cd09a87f1832b7802564a000533ce6?OpenDocument</ref>

Law no. 57 of March 5th, 2001 (Section 11) - Provisions governing the opening and regulation of markets (Official Gazzette no. 66 of 20 March 2001)<ref>http://www.agcm.it/eng/E7.htm</ref>

Presidential Decree no. 217 of April 30th, 1998 - Procedure regulations that guarantee to the parties full knowledge of the acts, and minutes taken during hearings, with regard to the activities of the Authority (Official Gazette no. 158 of 9 July 1998).<ref>http://www.agcm.it/agcm_ENG/NORMATIV/E_NORMNA.NSF/3f0c7d0babd6a38bc1256bb800327ceb/89f1b657d76e4b3fc1256bb8003610f6?OpenDocument</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 0
|

|- class="categorydivision"
| Remedies
| Fines
| 1
| Law no. 287, Section 15 allows fines for failure to remedy violations, depending on the gravity and duration of the infringement. Section 19 imposes fines for failure to comply with prohibitions on concentrations or the merger notification requirement. Section 14-''bis'' allows fines if interim measures are ordered but companies fail to comply. Section 14-''ter'' permits fines if ccompanies fail to keep commitments they have made to rectify anti-competitive conduct.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Law no. 287, Section 18(3) permits the Competition Authority to require corrective measures that will restore effective competition.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Law no. 287, Section 12(1) allows any interested party to bring infringements to the attention of the Competition Authority.
Law No. 57, Section 11(3-''bis'') permits the Competition Authority to investigate complaints filed by third parties regarding abuses of economic dependence that may affect competition or a free market.

|-
|
| Remedies Available to 3rd Parties
| 0
|

|-
|
| 3rd Party Rights in Proceedings
| 1
| Presidential Decree no. 217/98, Section 7(1)(b) permits participation by 3rd parties representing public or private interests, and associations representing consumers that might be directly, immediately and presently damaged by the violations under investigation or by any measures adopted as a result of it. Section 7(2) states that these 3rd parties may produce written submission, documents, arguments and opinions, and also have access to documents, in accordance with Section 13 of the decree (which covers confidentiality).

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Law no. 287, Section 16(1) requires mandatory notification to the Authority of mergers of undertakings whose value or combined values exceed certain levels, which are adjusted each year for inflation.

|-
|
| Pre-merger
| 2
| Law no. 287, Section 16(1) requires notification prior to merger, if the value of the merging undertakings, or their combined value, exceeds set levels that are adjusted annually for inflation.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Under Law no. 287, Section 6, market dominance is considered before mergers are approved. A merger may not be approved if it will result in market dominance with the effect of eliminating or restricting competition appreciably and on a lasting basis. If it is approved, the Competition Authority may require measures designed to prevent the merger from abusing its dominant position.

|-
|
| Restriction of Competition
| 1
| Law no. 287, Section 6(1) requires that the Competition Authority consider whether a merger will result in the restriction of competition, when deciding whether to approve the merger.

|-
|
| Public Interest (Pro D)
| 1
| Section 25(1) permits temporary waivers for mergers that restrict competition when major general interests of the national economy are involved in the process of European integration, provided that competition is not eliminated from the market or restricted to an extent that is not strictly justified by the aforementioned general interests.

|-
|
| Public Interest (Pro Authority)
| 1
| Mergers with companies based in other countries may be prohibited, in order to protect national economic interests, if it is found the other country does not have an adequate and independent competition law and enforcement. Law no. 287, Section 25(2).

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Law no. 287, Section 3(1)(b) forbids use of dominant position to limit or restrict production, market outlets or market access, investment, technical development or technological progress.

|-
|
| Abusive Acts
| 1
| Law no. 287, Section 3(1) prohibits abuse of a dominant position within the domestic market, or a substantial part of it.

|-
|
| Price Setting
| 1
| Law no. 287, Section 3(1)(a) prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Law no. 287, Section 3(1)(c) forbids applying to other trading partners objectively dissimilar conditions for equivalent transactions.

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 1
| Law no. 287, Section 3(1)(b) prohibits abuse of a dominant position to limit or restrict production, market outlets or market access, investment, technical development or technological progress.

|-
|
| Efficiency Defense
| 1
| Law no. 287, Section 3, prohibits business entities from abusing a dominant position in a market, but not necessarily from occupying such a position.

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Law no. 287, Sections 2(2)(a) and 3(1)(a) prohibit directly or indirectly fixing or imposing prices.

|-
|
| Tying
| 1
| Law no. 287, Sections 2(2)(e) prohibits tying.

|-
|
| Market Division
| 1
| Market division is not mentioned specifically in the Italian Competition law, however, one of the goals of the law is to prevent any secret cartels or agreements that restrict or distort competition. The Competition Authority's website mentions that market division is one of the types of agreements the law is meant to prevent.<ref>http://www.agcm.it/eng/A21.htm</ref>

|-
|
| Output Restraint
| 1
| Law no. 287, Section 2(2)(b) prohibits agreements that limit or restrict production, market outlets or market access, investment, technical development or technological progress.

|-
|
| Market Sharing
| 1
| Law no. 287, Section 2(2)(c) forbids anti-competitive agreements to share markets or sources of supplies.

|-
|
| Eliminating Competitors
| 1
| Law no. 287, Section 6(1) requires that the Competition Authority consider whether a merger will result in the elimination of competition in general, but not existing competitors specifically. The Authority must consider market access, ease of market entry, and several other factors related to the structure of that market and the future of competition in that market.

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 1
| Law no. 287, Section 2 forbids agreements that restrict freedom of competition, including restricting production, market outlets or market access (Section 2(2)(b)), or that apply to other trading partners objectively dissimilar conditions for equivalent transactions (Section 2(2)(d)).

|-
|
| Efficiency Defense
| 1
| Law no. 287, Section 4, allows some anti-competitive agreements to be approved for limited times if they are absolutely necessary to improve market supply, with substantial benefits for consumers.

|}

== References ==
<references />